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KAY v. VENEZUELAN SUN OIL CO.

No. 69521.

806 P.2d 648 (1991)

William H. KAY and Virginia Kay, Appellees, v. VENEZUELAN SUN OIL COMPANY, Golden Oil Company, St. Mary Parish Land Company, Anderman Oils Limited, a Limited Partnership, KRM Petroleum Corporation, Wyco Royalty, Phillips Petroleum Company, a corporation, Bigheart Pipe Line Corporation, Sun Production Company, a division of Sun Oil Company, a corporation, Rex Petroleum Company, a/k/a Rex Petroleum Corporation, and Republic Gas & Oil Company, Appellant.

Supreme Court of Oklahoma.

February 26, 1991.

Attorney(s) appearing for the Case

Thomas M. Klenda, Newton & O'Connor, Tulsa, for appellees.

David E. Strecker, Katie J. Colopy, Conner & Winters, Tulsa, L. Wayne Woodyard, Pawhuska, for appellant.

ALMA WILSON, Justice:

The issue presented is whether the action below is one to recover for labor or services as contemplated by 12 O.S.1981, § 936. We hold that § 936 does not authorize attorney fees in the action below and that the "labor and services" provisions of § 936 authorize attorney fees to prevailing parties in actions for the recovery of money due for labor and services performed, and reaffirm our...

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