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CHEROKEE DATA COMPUTER PARTS AND SERVICE v. ODOL

No. 101,181.

122 P.3d 56 (2005)

2005 OK CIV APP 81

CHEROKEE DATA COMPUTER PARTS AND SERVICE, INC., Plaintiff/Appellee, v. OKLAHOMA DEPARTMENT OF LABOR, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 1.

Certiorari Denied September 27, 2005.

Attorney(s) appearing for the Case

C. Craig Cole, Michael W. Speck, Oklahoma City, OK, for Plaintiff/Appellee.

Kevin M. Abel, Teryl L. Williams, Oklahoma City, OK, for Defendant/Appellant.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

OPINION

Opinion by BAY MITCHELL, Judge.

¶ 1 At issue in this declaratory judgment action is the constitutionality of an Oklahoma Department of Labor (ODOL) administrative rule codified as Oklahoma Administrative Code (OAC) 380:30-3-6. By summary judgment, the trial court held the rule unconstitutional....

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