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MARGERISON v. CHARTER OAK HOMEOWNERS ASS'N

No. 107,843. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

238 P.3d 973 (2010)

2010 OK CIV APP 67

Keith MARGERISON and Robert McCullough, Plaintiffs/Appellants, v. CHARTER OAK HOMEOWNERS ASSOCIATION, Defendant/Appellee.

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

May 21, 2010.

Attorney(s) appearing for the Case

Mary R. Bundren , Bundren Law Firm, Tulsa, Oklahoma, and Jonathan C. Neff , Tulsa, Oklahoma, for Plaintiffs/Appellants.

Grant R. Cheadle , Cheadle & Associates, Inc., Tulsa, Oklahoma, for Defendant/Appellee.

KENNETH L. BUETTNER, Presiding Judge.

¶ 1 Plaintiffs/Appellants Keith Margerison and Robert McCullough appeal summary judgment entered in favor of Defendant/Appellee Charter Oak Homeowners Association. Appellants and Association both sought summary judgment declaring whether Appellants' gates could remain in a fence Association installed along its fencing easement on Appellants' properties. The record on appeal shows disputed material facts on the issues of waiver...

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