Court Cases

Cockrell v. City of Broken Arrow

January 17, 2006

Court of Civil Appeals of Oklahoma, Division No. 3 John COCKRELL, Petitioner, v. CITY OF BROKEN ARROW, Own Risk # 14157 and The Workers’ Compensation Court, Respondents. No. 101,775. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3. Oct. 19, 2005. Certiorari Denied Jan. 17, 2006.   Proceeding [...]

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Diviney v. NationsBank of Texas

October 16, 1998

United States Bankruptcy Appellate Panel of the Tenth Circuit. In re Clifford Dale DIVINEY and Apryl Alyse Diviney, Debtors. Clifford Dale DIVINEY and Apryl Alyse Diviney, Plaintiffs–Appellees, v. NATIONSBANK OF TEXAS, N.A., Defendant–Appellant. BAP No. NO–97–070. Bankruptcy No. 96–04770. Adversary No. 97–0040. Oct. 16, 1998. After bank’s claim was fully paid under terms of confirmed [...]

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Wells v. Boston Avenue Realty, d/b/a SRO

September 16, 1997

Geoffrey Wells, Plaintiff/Appellant, v. Boston Avenue Realty, an Oklahoma general partnership comprised of Joseph L. Hull, Jr. and Joseph L. Hull, III; World Productions, Incorporated, an Oklahoma corporation; Timothy Barraza; and 39 Productions, Inc. an Oklahoma corporation; all d/b/a SRO, Defendants/Appellees. 47 Fed. R. Evid. Serv. 1092 No. 96-5255. United States Court of Appeals, Tenth [...]

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Rich v. Internal Revenue Service

July 11, 1996

78 A.F.T.R.2d 96-5892, 96-2 USTC P 50,465, Bankr. L. Rep. P 77,019, Pens. Plan Guide P 23924Y Bankruptcy No. 93-02514-C. Adv. No. 95-0219-C.< United States Bankruptcy Court, N.D. Oklahoma. July 11, 1996. Chapter 7 debtor sought determination that his interest in pension plan was not subject to Internal Revenue Service’s (IRS’) unfiled tax lien. The [...]

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In re Griffith, Mather v. Borden, Inc.

March 27, 1996

29 UCC Rep.Serv.2d 1003 Bankruptcy No. 94-71139. Adv. No. 95-7031. United States Bankruptcy Court, E.D. Oklahoma. March 27, 1996. Trustee initiated proceeding to recover alleged preferential transfer of proceeds of covenant not to compete entered into by Chapter 7 debtor. The Bankruptcy Court, Tom R. Cornish, J., held that: (1) creditor had perfected security interest [...]

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In re Osborn

December 30, 1994

26 Bankr.Ct.Dec. 606 Bankruptcy No. 87-71480. United States Bankruptcy Court, E.D. Oklahoma. Dec. 30, 1994. Chapter 7 trustee moved for order directing turnover of property of estate, consisting of debtors’ legal malpractice claims against attorney who had represented them in Chapter 11 proceeding prior to conversion of case. The Bankruptcy Court, Tom R. Cornish, J., [...]

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In re Osborn, Osborn v. Durant Bank & Trust Company

May 13, 1994

31 Collier Bankr.Cas.2d 92, Bankr. L. Rep. P 75,924 No. 91-7008. United States Court of Appeals, Tenth Circuit. May 13, 1994. Order Denying Rehearing June 24, 1994. Bank objected to Chapter 7 debtors’ motion to amend schedule to claim Texas property as exempt homestead instead of Oklahoma property. The Bankruptcy Court denied amendment, and debtors [...]

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In re Sevitski, Jr. d/b/a Sevitski & Associates, Inc.

December 9, 1993

Bankruptcy No. 92-00594-W. United States Bankruptcy Court, N.D. Oklahoma. Dec. 9, 1993. Chapter 7 debtor’s prepetition state court receiver filed application for allowance of fees and expenses as priority administrative expense. The Bankruptcy Court, Mickey Dan Wilson, Chief Judge, held that: (1) prior state court judgment awarding fees and expenses was not res judicata on [...]

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In re Reeds, Marx v. Reeds

October 9, 1992

Bankruptcy No. 91-02828-C Adv. No. 91-0302-C. United States Bankruptcy Court, N.D. Oklahoma. Oct. 9, 1992. Creditors objected to discharge of their debt against Chapter 7 debtors on ground of false statement of financial condition. The Bankruptcy Court, Stephen J. Covey, Chief Judge, held that: (1) statement was materially false; (2) magnitude of falsity evidenced debtor’s [...]

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In re Butler

March 20, 1992

Bankr. L. Rep. P 74,664 Bankruptcy No. 91-71592. United States Bankruptcy Court, E.D. Oklahoma. March 20, 1992. On motion to determine secured status in Chapter 13 case, the Bankruptcy Court, James E. Ryan, J., held that Chapter 13 debtors were not precluded from valuing secured claim of Internal Revenue Service (IRS) and avoiding tax lien [...]

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In re Manley, Bryan v. Manley

January 3, 1992

26 Collier Bankr.Cas.2d 497 Bankruptcy No. 90-00984-W Adv. No. 90-0197-W United States Bankruptcy Court, N.D. Oklahoma. Jan. 3, 1992. Judgment creditors claimed that debt was excepted from discharge. On Chapter 7 debtor’s motion for summary judgment, the Bankruptcy Court, Mickey Dan Wilson, J., held that: (1) debtor contractor’s misapplication of home remodeling payments could constitute [...]

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In re Sales Tax Protest of Wal-Mart Stores, Inc., d/b/a Sam’s Wholesale Club. Wal-Mart Stores, Inc., d/b/a Sam’s Wholesale Club v. Oklahoma Tax Commission

August 6, 1991

No. 75881. Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 3. Court of Appeals of Oklahoma, Division No. 3. Aug. 6, 1991. Certiorari Denied Oct. 15, 1991. Seller of tangible personal property appealed from order of Tax Commission finding that it had failed to collect and remit sales tax [...]

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In re Riley, Morrel, West & Saffa, Inc., et al v. Riley

July 9, 1991

Bankruptcy No. 90-03109-C. Adv. No. 91-0058-C. United States Bankruptcy Court, N.D. Oklahoma. July 9, 1991. Creditors sought denial of discharge to Chapter 7 debtor for having made false oaths. The Bankruptcy Court, Stephen J. Covey, J., held that debtor would be denied discharge based on omissions to disclose interests in two tracts of real estate, [...]

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National Football Scouting Inc., et. al. v. Continental Assurance Co.

April 25, 1991

National Football Scouting Inc., a Missouri corporation; Harry W. Buffington and Leslie Miller, Trustees of the National Football Scouting Pension Plan; Superior Hard-Surfacing Company, Inc., an Oklahoma corporation; Harold West, Trustee of the Superior Hard-Surfacing Company, Inc. Pension Plan, Plaintiffs-Appellants, v. Continental Assurance Company, Defendant-Appellee.   Nos. 89-5191, 90-5034. United States Court of Appeals, Tenth [...]

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In re Threet, Williams v. Threet d/b/a Red 11 Port, et al.

August 28, 1990

Bankruptcy No. 89-01684-C. Adv. No. 90-0079-C. United States Bankruptcy Court, N.D. Oklahoma. Aug. 28, 1990. Chapter 7 trustee filed complaint against debtors and administrator of detor’s retirement plan, seeking turnover of debtor’s interest in plan. The Bankruptcy Court, Stephen J. Covey, J., held that: (1) debtor’s unconditional contractual right to obtain funds in his retirement [...]

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In re Will Rogers Jockey & Polo Club, Inc., Will Rogers Jockey & Polo Club, Inc., et al. v. Oklahoma Horse Racing Commission

March 13, 1990

Bankr. L. Rep. P 73,313 Bankruptcy No. 89-00070-C. Adv. No. 89-0290-C. United States Bankruptcy Court, N.D. Oklahoma. March 13, 1990. Corporate race track owner which filed for Chapter 11 relief brought adversary proceeding against Oklahoma Horse Racing Commission, which denied debtor’s application for approval of license to conduct pari-mutuel horse racing, seeking declaration that Racing [...]

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Vanguard Production, Inc. v. Martin et al.

February 14, 1990

No. 88-1645. United States Court of Appeals, Tenth Circuit. Feb. 14, 1990. Purchaser brought malpractice action against attorneys who had been hired by mortgage lender to prepare title opinion in connection with proposed sale. The United States District Court for the Eastern District of Oklahoma, H. Dale Cook, Chief Judge, granted attorneys’ motion for summary [...]

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Moon v. Guarantee Insurance Company

July 12, 1988

No. 66107. Supreme Court of Oklahoma. July 12, 1988. As Amended on Rehearing Oct. 11 1988. Vehicle lessee brought action against rental company’s insurer to recover uninsured motorist benefits. The United States District Court for the Northern District of Oklahoma certified questions. The Supreme Court, Alma Wilson, J., held that: (1) insurer was required to [...]

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In re Lairmore

June 22, 1988

Bankruptcy No. 87-01502. United States Bankruptcy Court, E.D. Oklahoma. July 22, 1988. After hearing on confirmation of Chapter 12 plan, the Bankruptcy Court, James E. Ryan, J., held that: (1) property may be substituted in lieu of cash payments or in lieu of collateral in treating allowed secured claim under Chapter 12 plan, and (2) [...]

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Middlebrook v. Imler, Tenny & Kugler, M.D.’s, Inc et al.

June 14, 1985

Nos. 56179, 56180. Supreme Court of Oklahoma. July 23, 1985. As Corrected Aug. 14, 1985. Rehearing Denied Jan. 13, 1986. In medical malpractice action, the District Court, Tulsa County, Richard V. Armstrong, P.J., entered judgment on jury verdict for patient and his wife, and physicians and their medical corporations appealed. The Supreme Court, Hargrave, J., [...]

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United States of America, v. Young

September 18, 1984

56 A.F.T.R.2d 85-5196 85-2 USTC P 9643 No. 83-C-609-B. United States District Court, N.D. Oklahoma. Sept. 18, 1984. Action was brought against taxpayer for unpaid assessments of federal income tax liabilities. The District Court, Brett, J., held that: (1) the corporation formed by the taxpayer was to be considered a corporation, even though its charter [...]

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Republic Financial Corporation, Inc. v. Mize

November 15, 1983

No. 56454. Supreme Court of Oklahoma. Nov. 15, 1983. As Corrected Dec. 12, 1983. Rehearing Denied April 27, 1984. Finance company brought action to quiet title and to cancel a contract for sale of real estate. The District Court, Osage County, Don H. Hampton, J., entered judgment for finance company, and defendants appealed. The Court [...]

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Bovasso v. Sample

July 20, 1982

No. 54389. Supreme Court of Oklahoma. July 20, 1982. As Corrected July 22 and July 29, 1982. Action was brought for balance due on residential construction contract, alleging that upon rendition of judgment plaintiff was entitled to have said judgment determined to be lien against real property, and for foreclosure of said lien. The District [...]

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Price v. Mize

April 28, 1981

No. 54646.Supreme Court of Oklahoma. April 28, 1981. Rehearing Denied June 8, 1981. Payee brought action against maker seeking to recover on a promissory note. The District Court, Jefferson County, D. C. Largent, Jr., J., entered judgment in favor of payee, and maker appealed. The Supreme Court, Hodges, J., held that venue for collection of [...]

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Rey and Jones v. Means

January 18, 1978

No. 51539. Supreme Court of Oklahoma. Jan. 18, 1978. As Corrected Jan. 23, 1978. Petitioners, defendant in civil fraud case and her attorney of record, brought original action asking the Supreme Court to assume original jurisdiction and issue writ of prohibition against respondent judge to prevent enforcement of his order overruling motion to quash subpoena [...]

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