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WINTERHALDER v. BURGGRAF RESTORATION, INC.

No. 106,868. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

256 P.3d 84 (2011)

2011 OK CIV APP 38

Ed WINTERHALDER, Blue Collar Financial Group of Oklahoma, Meridian Capital, Donna Murphy, Sharon Feary, Bill Gregory, Gale Davis and Carolyn Davis, Plaintiffs/Appellants, v. BURGGRAF RESTORATION, INC., et al., Defendants/Appellees, Perry W. Newman, Third Party Defendant.

Court of Civil Appeals of Oklahoma, Division No. 2.

February 25, 2011.

Attorney(s) appearing for the Case

Perry W. Newman , Owasso, Oklahoma, for Plaintiffs/Appellants Gale Davis and Carolyn Davis.

John W. Anderson, Jr. , Tulsa, Oklahoma, for Defendants/Appellees.

JOHN F. FISCHER, Judge.

¶ 1 Gale and Carolyn Davis appeal the judgment entered by the district court in favor of Burggraf Restoration, Inc., on the ground that the Davises' claim was barred by previous litigation between these parties. Because it cannot be determined from the record on appeal whether the Davises' claim is barred, we reverse and remand to the district court for further proceedings consistent with this Opinion.

BACKGROUND

¶...

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