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  5. 714 P.2d 604 (1985)
 

EKE BUILDERS, INC. v. QUAIL BLUFF ASSOCIATES

Nos. 61411, 61710.

714 P.2d 604 (1985)

EKE BUILDERS, INC., Appellant, v. QUAIL BLUFF ASSOCIATES, an Oklahoma partnership, Douglas Corvin, as a partner and individually, and J.R.W. Properties, Inc., an Oklahoma corporation as a partner and in its corporate capacity, Appellees. EKE BUILDERS, INC., Appellee, v. QUAIL BLUFF ASSOCIATES, and J.R.W. Properties, Inc., Appellants.

Court of Appeals of Oklahoma, Division No. 4.

Rehearing Denied January 21, 1986.

Attorney(s) appearing for the Case

Kenneth I. Jones, Jr., Pamela Bolt, Eagleton, Nicholson, Jones, Blaney & Pringle, Oklahoma City, for EKE Builders, Inc.

J. Edward Barth, Bobbie T. Shell, Andrews, Davis, Legg, Bixler, Milsten & Murrah, Oklahoma City, for Quail Bluff Associates and J.R.W. Properties, Inc.

Jon M. Masters, Oklahoma City, for Douglas Corvin.

Released for Publication by Order of the Court of Appeals.

BRIGHTMIRE, Presiding Judge.

Do material issues of fact exist which prevent a summary adjudication of this action? The trial judge concluded there were none and granted defendants a summary judgment. We hold, however, material issues exist and reverse.

I

On December 14, 1982, K & E Builders, later incorporated as EKE Builders, Inc., entered...

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