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PARKER v. ELAM

No. 75745.

829 P.2d 677 (1992)

Byron D. PARKER and Jill D. Parker, Petitioners, v. Theodore M. ELAM, an individual and as agent, servant and employee of McAfee & Taft, a professional corporation, and McAfee & Taft, a professional corporation, Respondents.

Supreme Court of Oklahoma.

As Corrected March 9, 1992.

Attorney(s) appearing for the Case

Ralph A. Sallusti, Oklahoma City, Allan R. Fowler, Palm Desert, Cal., for petitioners.

Matt Dowling, Burck Bailey, Eric S. Eissenstat, Oklahoma City, for respondents.

KAUGER, Justice.

The issue presented is whether after remand from the Court of Appeals a petition may be amended. We find that: 1) under the facts presented, amendment of the petition is not barred by either the doctrines of judicial estoppel or the law of the case; and 2) pursuant to 12 O.S.Supp. 1984 § 2015(C), an amendment arising from conduct outlined in an original pleading...

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