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MINIE v. HUDSON

No. 86211.

934 P.2d 1082 (1997)

Therin Edward MINIE and Diane Minie, husband and wife, Plaintiffs, v. Ray E. HUDSON and Corrine Dean, Appellants/Third Party Plaintiffs, v. CITY OF OKMULGEE and County of Okmulgee, Appellees/Third Party Defendants.

Supreme Court of Oklahoma.

March 11, 1997.

Attorney(s) appearing for the Case

Samuel J. Schiller, Tulsa, for Appellants/Third Party Plaintiffs.

C. Bart Fite, Muskogee, for Appellee/Third Party Defendant, City of Okmulgee.

Thomas C. Guilioli, Okmulgee, for Appellee/Third Party Defendant, County of Okmulgee.

KAUGER, Chief Justice:

Two questions are presented on certiorari: 1) whether the verbal notice of claim communicated to the City was valid under the Tort Claims Act; and 2) whether, once the County began to clear Hudson's drainage system, it had a duty to complete the job with due care. We find that: 1) the clear and mandatory language of 51 O.S.Supp.1992 § 156(D)1 requires that notice of...

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