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PHELPS v. CLARK

No. 107,421. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

243 P.3d 465 (2010)

2010 OK CIV APP 109

Sharon PHELPS, Plaintiff/Appellee, v. Auston CLARK, individually, and d/b/a Clarks at Your Service, L.L.C., Defendants/Appellants.

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

September 17, 2010.

Attorney(s) appearing for the Case

Clell I. Cunningham, III , Dunn, Swan & Cunningham, P.C., Oklahoma City, OK, for Plaintiff/Appellee.

Samuel L. Talley , Talley, Crowder & Talley, An Association of Professional Corporations, Norman, OK, for Defendants/Appellants.

KENNETH L. BUETTNER, Presiding Judge.

¶ 1 Plaintiff/Appellee Sharon Phelps (Phelps) sued Defendants Auston Clark, individually and d/b/a Clarks at Your Service, L.L.C. (collectively "Clark"), for breach of contract, unjust enrichment, and fraud, with respect to a home re-model job. Summary Judgment was granted in favor of Phelps. Phelps filed a Motion for Attorney Fees and Costs relying on 15 O.S.2001 § 276, which...

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