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BAYS EXPLORATION, INC. v. JONES

No. 106,475. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

230 P.3d 907 (2010)

2010 OK CIV APP 28

BAYS EXPLORATION, INC., Plaintiff/Appellant, v. Douglas JONES, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 3.

Rehearing Denied January 6, 2010.

Certiorari Denied March 22, 2010.

As Corrected April 14, 2010.

Attorney(s) appearing for the Case

Alan Agee, Garvin, Agee, Carlton & Mashburn, P.C., Pauls Valley, OK, for Plaintiff/Appellant.

Kenneth R. Johnston, Wes Johnston, Johnston & Johnston, Chickasha, OK, for Defendant/Appellee.

CAROL M. HANSEN, Presiding Judge.

¶ 1 In this action initiated under the Surface Damages Act, 52 O.S.2001 §§ 318.2 et seq. (the Act), Appellant, Bays Exploration, Inc. (Bays), appeals from the trial court's Order Granting Attorney's Fees and Costs to Defendant Douglas Jones (Jones). We hold the relief requested by Bays is precluded by the law of the case doctrine and affirm.

¶ 2 Jones is the surface owner of 140 acres of farmland...

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