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STATE EX REL. OKL. DEPT. OF MINES v. JACKSON

Nos. 90069, 90112.

950 P.2d 306 (1997)

1997 OK 149

The STATE of Oklahoma, ex rel. The OKLAHOMA DEPARTMENT OF MINES, Petitioner, v. The Honorable Niles JACKSON, Judge of the District Court of Oklahoma County, State of Oklahoma, 7th Judicial District, et al., Respondents. The STATE of Oklahoma, ex rel. The OKLAHOMA DEPARTMENT OF MINES, Petitioner, v. The Honorable John M. AMICK, Judge of the District Court of Oklahoma County, State of Oklahoma, 7th Judicial District, et al., Respondents.

Supreme Court of Oklahoma.

December 9, 1997.

Attorney(s) appearing for the Case

Mark Secrest, Chief Counsel, Caroleen Carman, Asst. Counsel Oklahoma Department of Mines, for Petitioner.

G. Patrick Garrett, Oklahoma City, for the Real Parties in Interest.

OPALA, Justice.

¶ 1 The issue, dispositive of both original proceedings, is whether the district court may proceed to determine a surety's liability on a reclamation bond in a declaratory judgment action brought by that surety while its administrative appeal from an order of forfeiture remains pending. We hold that (a) although the district court has authority to adjudicate matters arising from a performance bond...

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