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SCHAEFFER v. SHAEFFER

No. 57337.

743 P.2d 1038 (1987)

Donald L. SCHAEFFER and Jo Ann Schaeffer, Husband and Wife, Appellants, v. Cecil SHAEFFER, an individual, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied October 7, 1987.

Attorney(s) appearing for the Case

Mack Muratet Braly, Braly & McEachin, Tulsa, for appellants.

C. Jack Maner, C. Jack Maner, P.C., Tulsa, for appellee.

HARGRAVE, Vice Chief Justice.

The issue brought up for resolution by a Writ of Certiorari to the Court of Appeals, Division I, in this cause is the propriety of an award of attorney's fees pursuant to 12 O.S. 1981 § 940(A) in an action to recover damages suffered by reason of maintenance of a nuisance.

The appellants, Donald L. Schaeffer and Jo Ann Schaeffer, prevailed in their action against Cecil Shaeffer in which they sought recovery of damages incurred...

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