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ROGERS v. QUIKTRIP CORP.

No. 106,684.

230 P.3d 853 (2010)

2010 OK 3

Mark ROGERS, Terry O'Rorke and William Wilson, on behalf of themselves and all others similarly situated, Plaintiffs v. QUIKTRIP CORPORATION, Love's Travel Stops & Country Stores, Inc., and 7-Eleven, L.L.C., Defendants.

Supreme Court of Oklahoma.

As Revised February 4 and March 8, 2010.

Attorney(s) appearing for the Case

Terry W. West, Bradley C. West, and J. Shawn Spencer, The West Law Firm, Shawnee, OK, for the plaintiffs/respondents.

John J. Griffin, Jr., Crowe & Dunlevy, a Professional Corporation, Oklahoma City, OK, for defendant Love's Travel Stops & Country Stores, Inc.

Tristan L. Duncan, Holly Smith, Shook, Hardy & Bacon L.L.P., Kansas City, Missouri and John G. Canavan, Jr., Canavan & Associates, Shawnee, OK, for defendant Quiktrip Corporation.

Mark E. Bialick, David B. Donchin, Katherine Taylor Loy, Durbin, Larimore and Bialick, P.C., Oklahoma City, OK, for Defendant 7-Eleven L.L.C. for defendants/petitioners.1

OPALA, J.

¶ 1 Two questions are pressed for review: (1) Did the trial judge err when he ruled that he had jurisdiction over this cause? and (2) Did the trial judge err when he ruled the defendants had a duty to disclose the presence of fuel additives in the gasoline offered for sale? We answer the first in the negative and latter in the affirmative.

I.

THE ANATOMY OF LITIGATION

¶ 2 In May 2008 Mark Rogers, Terry O'Rorke, and William...

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