Case law

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  • Fent v. Oklahoma Nat. Gas, a Div. of Oneok

    65 O.B.A.J. 3215 · Supreme Court of Oklahoma · Oct 4, 1994

    In short, our examination is limited to instruments which qualify for inclusion in the judgment roll. 11 . The term "record proper” is synonymous with "common-law record" and "judgment roll". See Rodgers v. … Pursuant to Rule 6a, ONG was clearly responsible for the maintenance of the gas pipeline from its easement to the output side of the pipeline coming from the meter in [the Fents] basement.

    Cited 54 timesPublished
  • Question Submitted by: Lyle R. Kelsey, Executive Director, Oklahoma Board of Medical Licensure & Supervision

    2024 OK AG 3 · Oklahoma Attorney General Reports · Feb 22, 2024

    That section grants physician assistants a general authority to "prescribe drugs, including controlled medications in Schedules II through V[,]" but expressly qualifies in the next subsection that "[a] physician assistant … As the Oklahoma Supreme Court has made clear: "[w]here a matter is addressed by two statutes--one specific and the other general--the specific statute, which clearly includes the matter in controversy and prescribes a different

    Cited 0 timesPublished
  • Durkee v. Hazan

    39 O.B.A.J. 1205 · Supreme Court of Oklahoma · Jun 25, 1968

    The lease in question was the subject of examination and testimony by a highly qualified examiner of questioned documents, who testified as an expert. … A survey then was made which established location of this well to be on the E/2NW/4.

    Cited 16 timesPublished
  • Oklahoma State of v. United States Department of the Interior

    District Court, W.D. Oklahoma · Nov 1, 2021

    Nor does it require the NMPRC to determine the reasonableness of Tri–State's current rates or establish reasonable rates. … The underlying dispute concerned whether a tract of land acquired by the Miami Tribe qualified as “Indian lands” under the Indian Gaming Regulatory Act.

    Cited 0 timesUnknown
  • BEASON v. I. E. MILLER SERVICES, INC.

    441 P.3d 1107 · Supreme Court of Oklahoma · Apr 23, 2019

    Cases of this nature-as well as cases to compensate for death resulting from work-related injuries-involve public-policy interests, like sovereign immunity and the "Grand Bargain" of the workers' compensation system, that … III. ¶ 19 In conclusion, special acts "create preferences and establish inequality." Reynolds , 1988 OK 88 , ¶ 19, 760 P.2d at 823 .

    Cited 7 timesPublished
  • Emrit v. Combs

    District Court, W.D. Oklahoma · Mar 8, 2024

    discount with mathematical certainty the allegations in this case, the Court finds that, standing alone and in the absence of further factual detail, plaintiff's claims are so fanciful as to render each of his claims ‘clearly … Here, Plaintiff fails to allege facts establishing that the Court has subject-matter jurisdiction.

    Cited 0 timesUnknown
  • Walker v. OAK CLIFF VOLUNTEER FIRE PROT.

    807 P.2d 762 · Supreme Court of Oklahoma · Mar 27, 1990

    FACTS On December 14, 1982, a special election was held to establish a fire protection district. … All persons resident of such proposed district, who are qualified electors in their respective precincts, shall be qualified to vote on such proposition." [2] Title 26 O.S.1981 § 8-109 provides in pertinent part: "...

    Cited 0 timesPublished
  • Chance v. Phillips

    District Court, E.D. Oklahoma · Oct 22, 2020

    Stat. tit. 51, § 152.1, and § 1983 does not abrogate states’ sovereign immunity, see Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989). … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.

    Cited 0 timesUnknown
  • Wallace v. State

    66 O.B.A.J. 1150 · Court of Criminal Appeals of Oklahoma · Mar 27, 1995

    and thereafter, to protect, at all times, people charged with or suspected of crime by those holding positions of power and authority.” 4 Due process is “a summarized constitutional guarantee of respect for those personal immunities … It clearly shows that while, at a minimum, due process requires both notice and an opportunity for a hearing according to established procedures, these elements cannot satisfy or even accurately describe the parameters of

    Cited 53 timesPublished
  • Willoughby v. Fidelity & Deposit Co.

    16 Okla. 546 · Supreme Court of Oklahoma · Feb 15, 1906

    Tbe representations made in the declaration on which the cashier’s bond was issued were clearly misrepresentations. … Entertaining the views that we do, we think that the plaintiff clearly failed to establish facts sufficient to entitle *562 him to recover, and that the demurrer to the evidence was well taken, and properly sustained.

    Cited 18 timesPublished
  • Payne v. Parsons

    97 Okla. 168 · Supreme Court of Oklahoma · Sep 18, 1923

    Evidently they were not so advised, and we think that such conduct on the part of the employes of the defendant clearly constitutes negligence. … And further complains that the evidence of the witnesses Parsons and Parker was improperly submitted to the jury for the reason that said witnesses were not properly qualified to testify as to the value of the cattle and

    Cited 0 timesPublished
  • McDonald v. State

    12 Okla. Crim. 144 · Court of Criminal Appeals of Oklahoma · Oct 4, 1916

    The information in this case is as follows: *145 “Be It Remembered: That Pat Malloy, the duly qualified and acting county attorney for Tulsa county, Oklahoma, who prosecuted in the name and by the authority of the state of … The record abounds with circumstances which tend conclusively to establish that everything he says is true.

    Cited 1 timesPublished
  • In Re Hentges

    350 B.R. 586 · United States Bankruptcy Court, N.D. Oklahoma · Sep 26, 2006

    The evidence clearly shows [Mr. Hentges’s] untrustworthiness and incompetence in using information he had about the financial affairs of Mrs. … Hentges’s liability on and the amount of the Judgment by Confession is immune from Mr. Hentges’s challenge for three reasons. Without commenting on the merits of Mr.

    Cited 1 timesPublished
  • Exchange Trust Co. v. Oklahoma State Bank of Ada

    126 Okla. 193 · Supreme Court of Oklahoma · Jun 28, 1927

    The receiver must qualify, proceed with the discharge of his duties, ask and receive directions from the court, make his final report, and secure an order of discharge to be relieved from his duties'. … established the insufficiency of the value of the property to discharge the mortgage debt of the Exchange.

    Cited 9 timesPublished
  • Pink

    District Court, E.D. Oklahoma · Aug 18, 2026

    No. 65 at 1 (Defendants stating Plaintiff “is clearly responding to Defendants’ Motion to Dismiss”). … “It is not enough to establish that the official should have known of the risk of harm.” Barney, 143 F.3d at 1310.

    Cited 0 timesUnknown
  • American Body & Trailer Co. v. Higgins

    195 Okla. 349 · Supreme Court of Oklahoma · Nov 28, 1944

    S. 1941, providing that “. . . action must be brought in the county in which defendant or some one of the defendants resides or may be summoned, ...” as qualified by section 134 of same title to the effect such action against … Simpson, 187 Okla. 274 , 102 P. 2d 844 , and other cases to establish the rule that delivery of check does not operate as payment unless accepted as such and when not so accepted the payment is effected at and when honored

    Cited 10 timesPublished
  • Acosta v. Kchao

    District Court, W.D. Oklahoma · Sep 30, 2021

    Enterprise coverage would thus be established as of January 1, 2016. … Plaintiff filed this suit three days later, on August 21, 2018, which was clearly within both limitations periods provided in § 255(a).

    Cited 0 timesUnknown
  • In re Oklahoma Capitol Improvement Authority for Approval of $50 Million Oklahoma Capitol Improvement Authority State Regents for Higher Education Endowed Chairs Funding Program Bonds, Taxable Series 2004

    130 P.3d 232 · Supreme Court of Oklahoma · Dec 13, 2005

    The statutes establishing the Authority empower it to do certain things. 73 O.S.2001 & Supp.2004 §§ 151-332. … Here, the Legislature clearly intended to permit the Regents to use both the bond proceeds and income to retire the bonds if necessary.

    Cited 4 timesPublished
  • Brennan v. Shanks

    24 Okla. 563 · Supreme Court of Oklahoma · Jul 13, 1909

    Such an action clearly comes under the provisions of section 5087, Wilson’s Rev. & Ann. St. 1903 (chapter 67, art. 13, § 160, Code Civ. … Jackson, 6 Okla. 751 , 52 Pac. 406 ), the Supreme Court of the Dnited States said: “And We cannot find that that court has in any case withdrawn or qualified the ruling that an entryman, out of possession and having a decision

    Cited 4 timesPublished
  • White v. Bowling

    District Court, N.D. Oklahoma · Apr 30, 2025

    White was complaining of a headache and said he was a “super sick man,” but he could not more clearly articulate his symptoms. Id. at 9. … The Court also does not reach defendants’ arguments that they are immune from liability under the Public Readiness and Emergency Preparedness Act, 42 U.S.C § 247d-6d et seq. 24

    Cited 0 timesUnknown

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