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BARRY v. FRIZZELL

No. 39294.

371 P.2d 460 (1962)

Dulce BARRY, Plaintiff in Error, v. Claud FRIZZELL, Individually and as a Trustee; Burl Cumpton; Clifford Gaither, Bonnie Gaither and Harold Gaither, individually and as co-partners doing business as the Black Crystal Coal Company, and as co-partners doing business as the Cedar Creek Coal Company, Defendants in Error.

Supreme Court of Oklahoma.

May 2, 1962.

Attorney(s) appearing for the Case

Harold B. Dane, Stigler, for plaintiff in error.

Stipe & Gossett, McAlester, for defendants in error, Claud Frizzell and Burl Cumpton.

DAVISON, Justice.

This is an appeal by Dulce Barry (plaintiff below) from a judgment of the lower court denying her action and prayer that she be declared the owner of an undivided one-third interest in certain real estate (approximately 80 acres) located in Haskell County, Oklahoma. The parties will be referred to as they appeared in the lower court or by name.

Plaintiff is the former wife of one Don Barry from whom...

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