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BARNETT v. SIMMONS

Nos. 107,957, 107,560. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

278 P.3d 8 (2012)

2012 OK CIV APP 44

Richard C. BARNETT, Plaintiff/Appellee, v. Darryl K. SIMMONS and Paul K. Franks, Individually and as Partners d/b/a Rock Oil Company, Defendants/Appellants.

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

Certiorari Denied April 16, 2012.

Attorney(s) appearing for the Case

James Wiley Rusher , Heath E. Hardcastle , Albright, Rusher & Hardcastle, Tulsa, Oklahoma, for Plaintiff/Appellee.

Roger K. Eldredge , Ladner, Little & Eldredge, Tulsa, Oklahoma, for Defendants/Appellants.

WM. C. HETHERINGTON, JR., Judge.

¶ 1 Rock Oil Company and its partners Darryl K. Simmons and Paul A. Franks (collectively, Rock Oil) appeal denial of its motion for an award of attorney fees and costs in discovery sanction proceedings.1 Following review of the facts and law, we conclude the trial court did not abuse its discretion by denying such an award after finding Richard C. Barnett (Barnett) was substantially justified in his...

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