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OKLAHOMA DEPT. OF MINES v. DAHLGREN

No. 92608.

995 P.2d 1103 (1999)

1999 OK 95

OKLAHOMA DEPARTMENT OF MINES, Plaintiff/Appellee, v. Roger DAHLGREN, Defendant, and Charles Roye, Deloris Roye, Kathy C. Roye, Trustee for the Alexis J. Roye Trust and Casey J. Roye Trust, and Katrina R. Roye, Intervenors/Appellants.

Supreme Court of Oklahoma.

December 7, 1999.

Attorney(s) appearing for the Case

Mark Secrest, Chief Legal Counsel, Caroleen Carman, Oklahoma Department of Mines, Oklahoma City, Oklahoma, for Appellee.

Mark K. Stonecipher, Brent M. Johnson, Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Oklahoma, for Defendant.

Eric S. Gray, Thomas P. Goresen, Gray & Gorenson, Oklahoma City, Oklahoma, and Louis E. Striegel, Stigler, Oklahoma, for Intervenors/Appellants.

HARGRAVE, V.C.J.

¶ 1 The underlying action involves the reclamation of land in Haskell county, Oklahoma, upon which the Ryan # 2 strip coal mine is located. The only question that has been certified for immediate appeal is whether the trial judge correctly dismissed the intervenors' cross-claim1 against the Oklahoma Department of Mines ("Department" or "ODM"), which attempted to force the...

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