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KIRBY v. JEAN'S PLUMBING HEAT & AIR

No. 105,884.

222 P.3d 21 (2009)

2009 OK 65

Dale KIRBY, Plaintiff/Appellant v. JEAN'S PLUMBING HEAT & AIR, Defendant/Appellee.

Supreme Court of Oklahoma.

September 22, 2009.

Attorney(s) appearing for the Case

Jim Buxton, Jacob L. Rowe, Buxton Carson, P.L.L.C, Oklahoma City, OK, for Plaintiff/Appellant.

Maurice G. Woods, II, Ryan V. Coventon, McAtee & Woods, P.C., Oklahoma City, OK, for Defendant/Appellee.

OPALA, J.

¶ 1 Two issues are presented on certiorari. The first of these is whether the replacement of a sewer pipeline constitutes an "improvement to real property" within the meaning of the statute of repose in 12 O.S.2001 § 109.1 We answer that question in the affirmative. The second issue is whether the invoked statute of limitations in 12 O.S.2001 § 952

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