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SHELLEY v. KIWASH ELEC. CO-OP., INC.

No. 80635.

914 P.2d 669 (1996)

Brenda J. SHELLEY, Personal Representative of the Estate of Tony Blaine Murphy, Deceased; Brenda J. Shelley, individually; Johnny B. Devlin; Blaine Devlin; Barbara Devlin; and Darlene Devlin, Appellants, v. KIWASH ELECTRIC COOPERATIVE, INC., an Oklahoma corporation, Appellee.

Supreme Court of Oklahoma.

March 26, 1996.

Attorney(s) appearing for the Case

Terry Stokes, Fuller, Tubb & Pomeroy, Oklahoma City, for Appellant Brenda J. Shelley, Individually and as personal representative of the estate of Tony Blaine Murphy.

G. Neal Rogers, Lawrence, Ellis & Harmon, Oklahoma City, for Appellants Johnny B. Devlin, Blaine Devlin, Barbara Devlin, and Darlene Devlin.

Robert S. Lafferrandre, D. Lynn Babb, Pierce, Couch, Hendrickson, Baysinger & Green, Oklahoma City, for Appellee.

LAVENDER, Justice.

In this personal injury action, we are asked to decide whether there existed a controverted issue of material fact precluding the entry of summary judgment in favor of appellee, Kiwash Electric Cooperative, Inc. We hold there was no question of fact regarding the presence of exceptional circumstances which would have created a duty on Kiwash to anticipate that compliance with state law would be insufficient...

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