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STATE EX REL. BD. OF COUNTY COM'RS v. SHELTON

No. 64147.

727 P.2d 103 (1986)

STATE of Oklahoma, ex rel. BOARD OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY, Plaintiff-Appellant, v. Fred A. SHELTON, Henry Peak, Marshall Greenman, Charles Ray, Joe Swank, James Joseph Skipper, Jack Ford, Muskogee Equipment and Supply Company, Inc., Eastern Equipment Company, Inc., Port City Road Supply Company, S & S Supply Company, Inc., and Ford Supply Company, Defendants-Appellees. STATE of Oklahoma, ex rel. BOARD OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY, Plaintiff-Appellant, v. Eddie B. FRENCH, Henry Peak, Marshall Greenman, Charles Ray, Joe Swank, James Joseph Skipper, Hershell Long, Muskogee Equipment and Supply Company, Inc., Eastern Equipment Company, Inc., Port City Road Supply Company, S & S Supply Company, Inc., and Morris Equipment Company, Defendants-Appellees. STATE of Oklahoma, ex rel. BOARD OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY, Plaintiff-Appellant, v. Kenneth E. WARD, Henry Peak, Marshall Greenman, Charles Ray, Joe Swank, James Joseph Skipper, Hershell Long, Jack Ford, Muskogee Equipment and Supply Company, Inc., Eastern Equipment Company, Inc., Port City Road Supply Company, S & S Supply Company, Inc., Morris Equipment Company and Ford Supply Company, Defendants-Appellees. STATE of Oklahoma, ex rel. BOARD OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY, Plaintiff-Appellant, v. Jesse V. SMITH, Henry Peak, Marshall Greenman, Charles Ray, Joe Swank, James Joseph Skipper, Hershell Long, Jack Ford, Muskogee Equipment and Supply Company, Inc., Eastern Equipment Company, Inc., Port City Road Supply Company, S & S Supply Company, Inc., Morris Equipment Company and Ford Supply Company, Defendants-Appellees.

Court of Appeals of Oklahoma, Division Nos. 2 and 4.

Rehearings Denied August 4, 1986.

Certiorari Denied October 21, 1986.

Attorney(s) appearing for the Case

Norman D. Thygesen, Asst. Dist. Atty., Muskogee, for plaintiff-appellant.

Jon Tom Staton, Mike Norman, Muskogee, for defendants-appellees Shelton and French.

Bill Settle, Muskogee, for defendant-appellee Ward.

Julian K. Fite, Muskogee, for defendant-appellee Smith.

Lloyd Payton, Muskogee, for defendant-appellee Eastern Equipment Co.

Stephen J. Scherer, Muskogee, for defendant-appellee Hershell Long, d/b/a Morris Equipment Co.

Henry Peak, pro se.

Released for Publication by Order of the Court of Appeals of Oklahoma, Division Nos. 2 and 4.

BRIGHTMIRE, Presiding Judge.

The issue for review is whether a statute of limitations has run against four state actions consolidated for this appeal. The trial court, without saying so, evidently concluded one had and dismissed all of the actions.

We hold, however, that none of the actions is barred by a statute...

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