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ODOT v. CHELSEA BUTANE CO.

No. 99,144.

91 P.3d 656 (2004)

2004 OK CIV APP 48

STATE of Oklahoma, ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellant, v. CHELSEA BUTANE COMPANY, an Oklahoma Corporation; and the Mayes County Treasurer, Defendants/Appellees.

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

Certiorari Denied May 17, 2004.

Attorney(s) appearing for the Case

Barry K. Roberts, Norman, OK, for Plaintiff/Appellant.

K. Ellis Ritchie, Pryor, OK, for Defendants/Appellees.

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

Opinion by KEITH RAPP, Judge.

¶ 1 The trial court plaintiff, State of Oklahoma ex rel. Department of Transportation (ODOT), appeals the trial court decision awarding attorney fees and costs to the trial court defendant, Chelsea Butane Company (Chelsea), for the "in fee" condemnation portion of this action after a trial court determination that ODOT had abandoned...

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