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STATE EX REL. DOT v. ALLIED TOWER CO., INC.

Nos. 100,109, 100,467.

136 P.3d 718 (2006)

2006 OK CIV APP 71

STATE of Oklahoma, ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellant, v. ALLIED TOWER COMPANY, INC., Defendant/Appellee, and Merchants Bank of South Houston, a/k/a Merchants Park Bank, formerly Southern State Bank, through Gerry E. Monzingo, Trustee, his substitutes or successors; Gerry E. Monzingo, Trustee Merchants Bank—South Houston; and The County Treasurer for Craig County, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 4.

Rehearing Denied April 3, 2006.

Attorney(s) appearing for the Case

Jot Hartley, The Hartley Law Firm, PLLC, Vinita, OK, for Appellant.

Robert Alan Rush, Logan & Lowry, LLP, Vinita, OK, for Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

Opinion by JOHN F. REIF, Judge.

¶ 1 Appeal No. 100,109 and No. 100,467 arise from the same condemnation proceeding in which the Oklahoma Department of Transportation (ODOT) acquired property from Allied Tower Company, Inc. ODOT brought Appeal No. 100,109 alternatively seeking a new trial or remittitur. ODOT contends that...

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