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OKLAHOMA TURNPIKE AUTH. v. NEW LIFE PENTECOSTAL CHURCH

No. 79185.

870 P.2d 762 (1994)

The OKLAHOMA TURNPIKE AUTHORITY, Plaintiff-Appellant and Counter-Appellee, v. NEW LIFE PENTECOSTAL CHURCH OF JENKS; Freddie Young, in his individual capacity and as Trustee of the Church; Earl Howard, in his individual capacity and as Trustee of the Church; Frank Jones, in his individual capacity and as Trustee of the Church; Hayden Barger, in his individual capacity and as Trustee of the Church; Ray E. Bauman and Jessie Bauman; Board of County Commissioners of Tulsa County; and John F. Cantrell, County Treasurer of the County of Tulsa, State of Oklahoma, Defendants-Appellees and Counter-Appellants.

Supreme Court of Oklahoma.

Rehearing Denied March 9, 1994.

Attorney(s) appearing for the Case

Richard W. Gable, Gable & Gotwals, and Thomas G. Hilborne, Jr., Hilborne & Weidman, and Randall S. Pickard, Pickard, Miller & Gray, Tulsa, for plaintiff-appellant.

Robert J. Nichols, John L. Boyd, Boyd & Nichols, Tulsa, for defendants-appellees.

OPALA, Justice.

Two issues are tendered by the condemnor, Oklahoma Turnpike Authority [Authority]: [1] Did the trial court err in assessing against the condemnor attorney's, expert witness, jury, and court reporter fees as well as a witness' travel expense? and [2] If an attorney's fee may be allowed, is the landowner's contract for a 40% contingency interest reasonable? We answer the first question in the negative...

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