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ACOTT v. NEWTON & O'CONNOR

No. 108433.

260 P.3d 1271 (2011)

2011 OK 56

John B. ACOTT, Appellant, v. NEWTON & O'CONNOR and John O'Connor, Appellees.

Supreme Court of Oklahoma.

June 21, 2011.

Attorney(s) appearing for the Case

Lawrence A.G. Johnson, Tulsa, Oklahoma, for Appellant.

Phil R. Richards, Richards & Connor, Tulsa, Oklahoma, for Appellees.

COLBERT, V.C.J.

¶ 1 The issue in this matter is whether on remand the trial court failed to follow the instructions of the Court of Civil Appeals. This Court holds that the trial court failed to do so. Therefore, its summary judgment must be reversed and the cause must be remanded for trial of the contested issues of material fact which were identified in the first appeal.

FACTS AND PROCEDURAL HISTORY

¶ 2 In 1994, Plaintiff, John B. Acott...

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