# Snider Bros., LLC. v. State ex rel. Oklahoma Employment Security Commission

> Court of Civil Appeals of Oklahoma · December 7, 2007 · 194 P.3d 771

URL: https://www.frixlaw.com/law-library/cases/5155183

## Case

- **Full name:** Snider Bros., L.L.C., an Oklahoma Limited Liability Company v. State of Oklahoma, Ex Rel., the Oklahoma Employment Security Commission
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** December 7, 2007
- **Citations:** 194 P.3d 771; 2008 OK CIV APP 80; 2007 Okla. Civ. App. LEXIS 129
- **Precedential status:** Published
- **Opinion:** Concurring in part by Buettner
- **Judges:** Hansen, Buettner, Bell
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5155183

## Opinion text

BUETTNER, J.,
concurring in part and dissenting in part.
1] 34 I coneur that the attorneys fee award should be reversed; however, I disagree with the majority opinion insofar as it holds that 40 0.8. § 8-111(A) applies as a matter of law in this case.
11 35 Appellee submitted sufficient evidence to show that it acquired a separate and distinct establishment and continued the operations of Snider Enterprises at the Kingfisher location. It therefore arguably met the requirements of 40 0.8. § 3-111(C).
136 What is unclear is what happened to the Watonga location and whether Snider Enterprises continued in operation. The Commission's argument that Snider Brothers acquired substantially all the assets of Snider Enterprises is based on conjecture and supposition. As stated in Paragraph 17 of the majority opinion, the "Commission's counsel conceded during argument before the trial court that neither of the Hearing Officer's foregoing findings of fact was supported by the evidence." If not supported by the evidence, the Commission's order should be reversed.
37 I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5155183. Public record. Not legal advice.