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DOLLARHIDE v. TAL

No. 100,179.

174 P.3d 559 (2006)

2006 OK 27

MILLER DOLLARHIDE, P.C., Plaintiff/Appellee, v. Moshe TAL, Defendant/Appellant.

Supreme Court of Oklahoma.

As Corrected May 9, 2006.

Attorney(s) appearing for the Case

Jack S. Dawson, Mark Edmondson, Oklahoma City, OK, for the Appellee.

Moshe Tal, Oklahoma City, OK, for the Appellant.

KAUGER, J.:

¶ 1 The question presented is one of first impression. Does an order of this Court assuming original jurisdiction, but denying mandamus relief as it relates to a pending controversy between the parties, bar review on direct appeal of the same claims made in the course of the mandamus proceedings? We hold that the summary denial of the writ should not be given preclusive effect in proceedings on direct appeal.

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