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STATE EX REL. WRIGHT v. OKLAHOMA CORP. COMMISSION

Nos. 101,605, 101,606.

170 P.3d 1024 (2007)

2007 OK 73

STATE of Oklahoma ex rel. Charles W. WRIGHT and Rachel Lawrence Mor, individuals and Taxpayer Citizens of the State of Oklahoma, Plaintiffs/Appellants, v. OKLAHOMA CORPORATION COMMISSION, a state agency, and Commissioners Denise A. Bode, Jeff Cloud, Bob Anthony, and Brooks Mitchell, Director of the Oklahoma Storage Tank Division, and Ben Jackson, General Counsel Oklahoma Corporation Commission, and ConocoPhillips Company, an Oklahoma corporation, Defendants/Appellees. State of Oklahoma ex rel. Oklahoma Corporation Commission, State of Oklahoma ex rel. Brooks Mitchell, Director of the Oklahoma Storage Tank Division; and, State of Oklahoma ex rel. Robyn Strickland, Administrator of the Oklahoma Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund, Plaintiffs/Appellees, v. ConocoPhillips Company, Defendant/Appellee, v. Rachel Lawrence Mor and Charles W. Wright, Intervenors/Appellants.

Supreme Court of Oklahoma.

As Corrected October 3, 2007.

Attorney(s) appearing for the Case

David Pomeroy, Terry Stokes, Fuller, Tubb, Pomeroy & Stokes, P.C., Oklahoma City, OK, for Plaintiffs/Appellants in No. 101,605, and for Intervenors/Appellants in No. 101,606.

Kieran D. Maye, Jr., Miller Dollarhide, Oklahoma City, OK, for Defendant/Appellees Oklahoma Corporation Commission, Commissioner Denise A. Bode, Commissioner Jeff Cloud, Commissioner Bob Anthony, Brooks Mitchell, and Ben Jackson in No. 101,605, and for Plaintiffs/Appellees in 101,606.

Rob F. Robertson, Dennis C. Cameron, Gable & Gotwals, Oklahoma City, OK, for Appellee ConocoPhillips Company in 101,605 and Defendant/Appellee in 101,606.

EDMONDSON, V.C.J.

¶ 1 This case involves procedural issues in a qui tam proceeding and a related declaratory judgment proceeding. The first order brought for appeal is a district court order granting a motion, without prejudice, that sought dismissal of a taxpayer qui tam remedy sought against the Oklahoma Corporation Commission and other defendants.1 The second order brought before us on appeal is a district court order...

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