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ADAMS, J., concurring in result:
I would reverse the summary judgment and remand to the trial court because I believe there are fact questions concerning the application of § 209 of this case. Although I do not find myself in disagreement with the majority on the questions of the constitutionality of § 209, I would not reach that issue because it was not raised in the Motion for New Trial, and we have no record of the arguments made at the hearing on the Motion for New Trial.
Document Info
Docket Number: No. 90707
Citation Numbers: 970 P.2d 202, 1998 OK CIV APP 175, 69 O.B.A.J. 4330, 1998 Okla. Civ. App. LEXIS 150, 1998 WL 884878
Judges: Adams, Buettner, Hansen
Filed Date: 9/29/1998
Precedential Status: Precedential
Modified Date: 10/19/2024