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STATE v. NATIVE WHOLESALE SUPPLY

No. 111985.

338 P.3d 613 (2014)

2014 OK 49

STATE of Oklahoma, ex rel. E. Scott PRUITT, Attorney General of Oklahoma, Plaintiff/Appellee, v. NATIVE WHOLESALE SUPPLY, a Corporation chartered by the Sac and Fox Tribe of Oklahoma, Defendant/Appellant.

Supreme Court of Oklahoma.

Rehearing Denied October 27, 2014.

Attorney(s) appearing for the Case

E. Clyde Kirk and Ryan R. Chaffin , Assistant Attorneys General, Oklahoma City, OK, for appellee, State of Oklahoma ex rel. E. Scott Pruitt, Oklahoma Attorney General.

David L. Kearney , Gregory T. Metcalfe , and Paula M. Williams , Oklahoma City, OK, for appellant, Native Wholesale Supply.

¶ 1 The dispositive issue in this appeal is whether the appellee, the State of Oklahoma represented by the Attorney General of Oklahoma (AG), was entitled to summary judgment in the amount of $47,767,795.20, as a matter of law. In deciding the propriety of summary judgment, we must address two underlying questions: 1) whether the...

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