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OKLAHOMA CITY-ADA-ATOKA RAILWAY CO. v. DEL CITY

No. 40068.

392 P.2d 365 (1963)

OKLAHOMA CITY-ADA-ATOKA RAILWAY COMPANY, a corporation, Plaintiff in Error, v. DEL CITY, Oklahoma, a municipal corporation and W. E. Steelman, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied March 24, 1964.

Application for Leave to File Second Petition for Rehearing Denied May 19, 1964.

Attorney(s) appearing for the Case

James D. Gibson, W. M. Roberts, Muskogee, for plaintiff in error.

Russell B. McCabe, Brown, Darrough & Darrough, Paul G. Darrough, Oklahoma City, for defendants in error.

HALLEY, Vice Chief Justice.

This action was commenced on July 13, 1961, by plaintiff in error hereafter referred to as plaintiff, against defendants in error, hereafter referred to as defendants or by name, to enjoin the collection of certain paving assessments in the City of Del City.

The facts giving rise to plaintiff's cause of action are as follows. Under the provisions of 11 O.S. 1961 § 87, on or prior to...

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