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BRANDER'S CLUB, INC. v. CITY OF LAWTON

No. 82,494.

918 P.2d 69 (1996)

BRANDER'S CLUB, INC., Appellant, v. CITY OF LAWTON, Appellee.

Supreme Court of Oklahoma.

May 28, 1996.

Attorney(s) appearing for the Case

Tommy L. Sims, John P. Zelbst Law Firm, Lawton, for Appellant.

John H. Vincent, City of Lawton, Lawton, for Appellee.

HODGES, Justice.

I. ISSUES

The primary issue in this case is whether a municipality is immune to suit under Oklahoma's Governmental Tort Claims Act, Okla. Stat. tit. 51, § 155(12), (13) (1991) (hereinafter "Act"), for violations of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The secondary issue is whether the defendant has timely asserted the defense of failure...

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