BURKHART v. JACOB

No. 91527.

976 P.2d 1046 (1999)

1999 OK 11

Samuel W. BURKHART and Viva Jo Burkhart, husband and wife, Appellants, v. Marion JACOB, Sherman Wyman, James Shepherd, Karolyn Shepherd, Appellees.

Supreme Court of Oklahoma.

February 23, 1999.


Attorney(s) appearing for the Case

Gregory L. Johnson, Bryan W. Morris, Ardmore, Oklahoma, for Appellants.

Marin E. Dyer, Ardmore, Oklahoma, for Appellees.


HODGES, J.

¶ 1 The issue in this case is whether the trial court properly granted summary judgment in favor of the defendants. We find that the trial court erred because a genuine issue of material fact exists making summary judgment improper.

I. FACTS

¶ 2 This case arises from a dispute over the use of a section line road. Appellants/plaintiffs, Samuel and Viva Jo Burkhart (Burkharts), own land...

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