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COMANCHE RESOURCES CO. v. TURNER

No. 94,533.

33 P.3d 688 (2001)

2001 OK CIV APP 127

COMANCHE RESOURCES COMPANY, Plaintiff/Appellant, v. John W. TURNER and Geraldine L. Turner, Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 2.

Certiorari Denied September 25, 2001.

Attorney(s) appearing for the Case

David E. Pepper, Linn & Neville, P.C., Oklahoma City, OK, for Plaintiff/Appellant.

Cody Hodgden, Hodgden, Hallren, Smithton & Hodgden, PLLC, Woodward, OK, for Defendants/Appellees.

Released for Publication by Order of the Court Of Civil Appeals of Oklahoma, Division No. 2.

COLBERT, Judge:

¶ 1 Comanche Resources Company appeals the district court's order awarding damages to John and Geraldine Turner under the Surface Damages Act, 52 O.S.1991 §§ 318.2—318.9. The primary issue on appeal is whether the trial court erred in finding that Comanche was not entitled to a set-off for an amount it previously paid to...

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