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WALDEN v. SPARKMAN BROS. CORP.

No. 81,180.

879 P.2d 153 (1994)

Monica D. WALDEN, an individual, Appellant, v. SPARKMAN BROTHERS CORPORATION, an Oklahoma Corporation, d/b/a Kwick-Stop Stores, Appellee, and Joseph G. Strickland, an individual; Raymond Taylor, an individual; and, Commercial Union Insurance Company, a Massachusetts Corporation, Defendants. Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 1.

Court of Appeals of Oklahoma, Division No. 1.

Certiorari Dismissed July 25, 1994.

Attorney(s) appearing for the Case

Derek K. Burch, Mark M. Hart, Lynn B. Mares, Oklahoma City, for appellant.

Tracy L. Pierce, Jeff R. Beeler, Mary Elizabeth Elder, Oklahoma City, for appellee.

MEMORANDUM OPINION

JONES, Judge:

In this personal injury action, Appellant seeks review of the trial court's granting of Appellee's Motion to Dismiss for failure to state a claim. In assessing the sufficiency of the petition, the general rule has been often stated that a petition should not be dismissed for failure to state a cause of action unless it appears beyond doubt that the plaintiff can prove no set...

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