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BERRY AND BERRY ACQ. v. BFN PROPERTIES

Case Number: 114442.

416 P.3d 1061 (2018)

2018 OK 27

BERRY AND BERRY ACQUISITIONS, LLC, d/b/a Park Hill Nursery, Burl R. Berry, and Bob R. Berry, Plaintiffs and Counter-Defendants/Appellants and Counter-Appellees, v. BFN PROPERTIES LLC, and BFN Operations LLC, Defendants and Counter-Plaintiffs/Appellees and Counter-Appellants.

Supreme Court of Oklahoma.

Decided: April 3, 2018.

Attorney(s) appearing for the Case

David E. Keglovits , Amelia A. Fogleman , Justin A. Lollman , GableGotwals, Tulsa, OK, for Plaintiffs and Counter-Defendants/Appellants and Counter-Appellees.

Wayne Bailey , Bailey Law, PLC, Tahlequah, OK, for Plaintiffs and Counter-Defendants/Appellants and Counter-Appellees.

James M. Reed & John T. Richer , Hall, Estill, Hardwick, Gable, Golden, & Nelson PC, Tulsa, OK, for Defendants and Counter-Plaintiffs/Appellees and Counter-Appellants.

Robert K. Wise & Thomas F. Lillard , Lillard Wise Szygenda PLLC, Pro Hac Vice, Dallas, TX, for Defendants and Counter-Plaintiffs/Appellees and Counter-Appellants.

Facts & Procedural History

¶ 1 Bob Berry, who resides in Tahlequah, Oklahoma, has been a nurseryman and businessman for more than fifty years. In the 1960s, Bob began working in the nursery business in Tahlequah, and in the early 1970s, he founded Midwestern Nursery. Bob grew and developed Midwestern Nursery...

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