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BEAL v. WESTERN FARMERS ELEC. CO-OP.

No. 106,963. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

228 P.3d 538 (2009)

2010 OK CIV APP 6

Billy Joseph BEAL and Ella Kay Beal, Plaintiffs/Appellants, v. WESTERN FARMERS ELECTRIC COOPERATIVE, a Rural Electric Cooperative, Defendant/Appellee.

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

Rehearing Denied November 12, 2009.

Attorney(s) appearing for the Case

Thomas Hadley, Hugo, OK, for Plaintiffs/Appellants Billy Joseph Beal and Ella Kay Beal.

Stratton Taylor, Toney D. Foster, Mark H. Ramsey, Clint Russell, Taylor, Burrage, Foster, Mallett, Downs & Ramsey, P.C., Claremore, OK, for Defendant/Appellee.

KENNETH L. BUETTNER, Judge.

¶ 1 Plaintiffs/Appellants Billy Joseph Beal and Ella Kay Beal ("Landowners") contend that the trial court erred in granting Defendant/Appellee Western Farmers Electric Cooperative's (WFEC) Motion to Dismiss on the grounds of failure to state a claim upon which relief can be granted and another action pending between the parties for the same claims, viz., condemnation. Specifically, Landowners argue that their tort causes of...

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