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STATE EX REL. OKLAHOMA CORP. v. McPHERSON

No. 104,337.

232 P.3d 458 (2010)

2010 OK 31

STATE of Oklahoma, ex rel. OKLAHOMA CORPORATION COMMISSION; State of Oklahoma, ex rel. Brooks Mitchell, Director of Administration of the Oklahoma Corporation Commission; State of Oklahoma, ex rel. Gary Walker, Director of the Oklahoma Petroleum 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. Joe McPHERSON; Gibble Oil Company; American National Bank; Marion & MGRT Guilliams; Don Pugh; Robert H. Meinders; Armstrong Transfer & STRG; Oraleah Bailey; Shephard Oil Company; Hogan Property; Penley Oil, Jeffrey Chappell; Amis Materials; Sakib Corporation; Charles Rex Mossler; David Nethery; Goddard Concrete; United Co-Op Corporation; Menz Oil Company; Lionel Distribution, Inc.; W & W Service Center; J & J Petroleum Company; Southwestern Bank & Trust; 74th & Penn Partners, Inc.; Vinh Van Cao; Mitzi Barnes; Leola Casey; Union Bank & Trust; Fred Jones Industries; Alco Door & Window; Noble County Schools; Bank One; Shamgar, Inc.; Brewer Construction; Ziad Al Fandi; Great Plains Financial, Inc.; Barney U. Brown Trust; Red Rock Distributing Co.; Red Rock Petroleum Co.; Save-A-Stop, Inc.; First United Bank; Ryder Truck Rental; S & F Investment; Robert W. Moore; Earnest & Eldean Tigue; Oklahoma City Airport Trust; James & Larettia Hale; Jim Davis Oil Company; American Sanitation, Inc.; Linda Johnstone; Gary Spencer; Gawey Enterprises; Donny Burns; Avis Rent-A-Car; Rayma K. Brewer; Del Paint Manufacturing; Cone Solvents; Oklahoma County; Jack Masters, Inc.; and J & J Express Lube, Inc., Defendants/Appellees, v. State of Oklahoma, ex rel. Rachel Lawrence Mor and Charles Wright, Intervenors/Appellants.

Supreme Court of Oklahoma.

April 6, 2010.

Attorney(s) appearing for the Case

James R. Moore, Sue Wycoff, Moore & Vernier, P.C., Oklahoma City, OK, for Appellants.

Kieran D. Maye, Jr., Sarah M. Jernigan, Miller Dollarhide, Oklahoma City, OK, for Plaintiffs/Appellees.

Reid E. Robison, Amy D. White, McAfee & Taft, P.C., Oklahoma City, OK, for Appellee Ryder Truck Rental, Inc.

Leslie V. Batchelor, Center for Economic Development Law, Oklahoma City, OK, and William West, Special Assistant Municipal Counselor, Oklahoma City, OK, for Appellee Oklahoma City Airport Trust.

Shawn D. Fulkerson, Richard E. Parrish, Fulkerson & Fulkerson, P.C., Oklahoma City, OK, for Appellees Joe McPherson, et al.

EDMONDSON, C.J.

¶ 1 This case involves an attempt by qui tam taxpayers to intervene in a declaratory judgment action which was brought by officials in response to their qui tam demand and notice. We hold that the order denying the motion to intervene was in error and reverse the order with instructions for further proceedings.

¶ 2 Several individuals and entities made claims against the Oklahoma...

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