| Oklahoma Accounting Law |
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Springfield Holding Company, Ltd., LLC, et al. v. Robert Stone, M.D., et al.
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Defendants-Counter-Claimants-Appellants—Robert L. Stone, Cynthia A. Stone, Robert Stone, M.D., and The Children’s Fund (referred to collectively as the Stones)—appeal the district court’s judgment in favor of the Plaintiffs- Counter-Defendants-Appellees, David Kinnard, Roger Kinnard, Mark Reinitz, and Plaintiff-Appellee Springfield Holding Co. (referred to collectively as the Kinnards, giv... More... $0 (06-08-2009 - OK)
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Patricia Bowers Edeards v. Rex Urice
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¶1 Defendant/Appellants, Rex Urice (Urice) and Bancfirst, seek review of the trial court's judgment in favor of Plaintiff/Appellee, Patricia Bowers Edwards (Edwards), individually and as next friend of her son, Robert Drew Bowers (Drew), on Edwards' claims to set aside for undue influence amendments her mother, Eloise Cooper Bowers (Bowers), made to The Eloise Cooper Bowers 1991 Trust (Bowers 199... More... $0 (02-27-2009 - OK)
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Suzanne Russell v. Chase Investment Services
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¶1 The United States District Court for the Northern District of Oklahoma, pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1606, certified the question:
Does the appointment of a general guardian withdraw all of the assets from the estate of a ward subject to a durable power of attorney, such that the person holding power of attorney is without... More... $0 (04-07-2009 - OK)
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Mack Whittenburg v. Werner Enterprises, Inc.; Marisela Neff; Jon M. Morlan; and Drivers Management, LLC
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Mack Whittenburg was driving his pickup truck on the highway when he collided with a stalled tractor-trailer. Suffering a number of injuries, Mr. Whittenburg brought suit against Werner Enterprises, Inc., the trucking company, as well as Werner’s driver management company and the individual tractor-trailer drivers. The jury ultimately returned a verdict assessing the defendants’ negligence at ... More... $0 (04-03-2009 - OK)
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Randy Combs v. Shelter Mutual Insurance Company; Shelter General Insurance Company
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Defendant Insurance Companies engaged the services of Plaintiff Randy Combs as an insurance sales agent. Plaintiff sued Defendants pursuant to Oklahoma law, alleging various contract and tort claims related to his agency contract. The district court granted summary judgment for Plaintiff on his claims for breach of contract and breach of the implied covenant of good faith and fair dealing. See Fed... More... $0 (12-22-2008 - OK)
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SHELLEY DENISE HODGE, now WISSINGER v. SCOTT WYLIE HODGE
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¶1 On February 14, 1984, Plaintiff, Shelley Denise Hodge, now Wissinger, [Wife] and Defendant, Scott Wylie Hodge, [Husband] were married. On May 1, 1985, Husband enlisted in the U.S. Air Force. On June 22, 1998, they were divorced by a consent decree.1 Among other things, the decree awarded Wife "one-half Defendant's retirement pay from the military." Neither party appealed the decree.
¶2... More... $0 (11-06-2008 - OK)
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Jaquita Speight and Ricky Speight v. Patricia Presley, Oklahoma County Court Clerk and Oklahoma County Commissioners
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¶1 Plaintiffs brought an action pursuant to the Oklahoma Governmental Tort Claims Act, against the Oklahoma County Court Clerk (Clerk), alleging negligent maintenance of court files that led to the issuance of a warrant for his arrest, and against Oklahoma County, by and through the Board of County Commissioners, for Oklahoma County (Board), as Clerk's employer. The trial court granted summary ju... More... $0 (11-10-2008 - OK)
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In the Matter of the Estate of Walter Kinsley Jackson, Deceased.
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¶1 We are presented with this question of first impression: whether the assets of a revocable inter vivos trust are subject to the provisions of Oklahoma's pretermitted heir statute, 84 O.S.2001, §132. We are also presented with the question of whether, in a probate proceeding, notice must be given pursuant to title 58, section 240 of the Oklahoma Statutes before a court's order determinating he... More... $0 (09-16-2008 - OK)
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Larry Weber v. GE Group Life Assurance Company
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Defendant-Appellant General Electric Group Life Assurance Company (“GE”) appeals from a summary judgment order obligating it to pay death benefits to Plaintiff-Appellee Larry Weber, the widower of Shelley Clark Weber. GE, the administrator and fiduciary of group insurance plans available to the employees of Winner Communications, Inc. (“Winner”), including Mrs. Weber, argues that Mrs. Webe... More... $0 (09-15-2008 - OK)
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Specialty Beverages, L.L.C. v. Pabst Brewing Company
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Plaintiff Specialty Beverages, L.L.C. sued Defendant Pabst Brewing Company for breach of contract and fraud. Specialty Beverages and Pabst both filed motions for judgment as a matter of law pursuant to Rule 50(a) of the Federal Rules of Civil Procedure. The district court granted Pabst’s motion regarding Specialty’s fraud claim and granted Specialty’s motion regarding Pabst’s impossibility... More... $0 (08-22-2008 - OK)
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Kameisha Hamilton v. Boise Cascade Express
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The district court found that Appellant, attorney Mark Hammons,
"multiplied the[se] proceedings unreasonably, vexatiously, and recklessly" by
filing a motion to enforce a settlement agreement that misstated opposing
counsel's position without a reasonable basis, costing his opponents a needless
expense of $7,974.20. It therefore levied a sanction in that amount against Mr.
Hammons personally ... More... $0 (03-24-2008 - OK)
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Mike Batman v. Metro Petroleum, Inc.
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�1 This case concerns a dispute over the price of fuel that convenience store owner Mike Batman purchased from fuel distributor Metro Petroleum, Inc. The price stated in the parties' written contract was one cent per gallon above the actual delivered cost price of fuel. Mr. Batman has contended the "cost price of fuel" includes a 1% discount Metro receives after delivery for paying the... More... $0 (12-14-2007 - OK)
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Mel Jean Weber, Special Representative of the Estate of Tom Ruble, et al. v. Mobil Oil Corporation, et al.
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Defendants-Petitioners Mobil Exploration & Producing, U.S. ("MEPUS")
and Mobil Natural Gas, Inc. ("MNGI") removed a putative class action filed in
Oklahoma state court to federal court under the Class Action Fairness Act
("CAFA"), Pub L. No. 109-2, 119 Stat. 4 (2005) (codified as amended in
scattered sections of 28 U.S.C.). The District Court remanded the case to state
court. MEPUS and M... More... $0 (11-20-2007 - OK)
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Abed Damaj v. Farmers Insurance Company, Inc. d/b/a Farmers Insurance Group of Companies
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Plaintiff-Appellant Abed Damaj ("Damaj") appeals the district court's order granting summary judgment in favor of Farmers Insurance Company, Inc., ("Farmers") on Damaj's claim of bad faith breach of an insurance contract and granting Farmers' motion to strike Damaj's punitive damages claim. We reverse.
BACKGROUND
Damaj purchased a fully customized 1989 Chevrolet Astro van on August ... More... $0 (02-22-1997 - OK)
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Manilla Whitehorse, Administratrix of the Estate of Roland Noah Whitehorse, Deceased v. Susan Joyce Johnson and Janet Laura Tippeconnic
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1 The issue presented is whether a party may recover attorneys' fees and costs pursuant to a court-approved agreed judgment. We hold that when a settlement agreement which provides for attorneys' fees and costs in the event of a breach culminates in a court-approved judgment and is violated, the non-breaching party is entitled to reasonable attorneys' fees and costs.
FACTS
2 On Au... More... $0 (02-27-2007 - OK)
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Dollar Rent A Car Systems, Inc. v. P.R.P. Enterprises, Inc., et al.
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Plaintiff-Appellee Dollar Rent A Car Systems ("Dollar"), an Oklahoma corporation, sued Defendant-Appellant PRP Enterprises, Inc., a Florida corporation, and PRT Enterprises, Inc., a Virginia corporation, ("Franchisees") for declaratory judgment that Dollar was entitled to terminate its relationship with Franchisees and breach of contract arising from Franchisees' failure to make payments as re... More... $0 (08-04-2007 - OK)
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Selrahc v. Terry Burruss, et al.
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These cases arise out of an oral contract for the construction of a motel in Stigler, Oklahoma. In March of 2001, Gerald Wayne Bailey agreed to construct the motel for Selrahc, a limited partnership with Charles Roye as its managing partner, at the cost of construction plus Mr. Bailey's ten percent fee. Mr. Bailey subcontracted with Terry Burruss to provide architectural services and with Earp ... More... $0 (05-19-2007 - OK)
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Legacy Crossing, LLC v. Travis Wolff & Company, LLP
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In this diversity action, Plaintiff-Appellant Legacy Crossing, LLC ("Legacy Crossing") appeals from the district court's grant of summary judgment in favor of Defendant-Appellee Travis Wolff & Company, LLP ("TWC"). The district court held that Legacy Crossing's state law claims against TWC for fraud, negligence/professional malpractice, and violation of the Oklahoma Consumer Protection Act were... More... $0 (04-09-2007 - OK)
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Freeman and others v. Ceja Corporation, Arline B. Oliphant,Eric B Oliphant, John D. Mayo II, Peter O. Mayo, Gregory W. Oliphant Living Trust, Samuel Oliphant Age 21 Trust, Thomas J. Oliphant Living Trust and Besha Lu Deane Trust and others
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Plaintiffs claimed rights in a portion of the working interests acquired by CEJA and the other defendants in oil and gas leases, lands and drilling units underlying Forbes Lake State Park ("FLSP") in Marion County, Illinois, referred to as the "FLSP Leases".
Plaintiffs contend that they are entitled to the legal and equitable remedies of accrued damages, an accounting concerning Plaintiffs' share... More... $7000000 (02-23-2007 - OK)
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In the Matter of the Adoption of L.D.S., a minor child, Joseph Staton and Jennifer Staton v. Jason Shuler and Norma Jean Shuler
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1 The issue in this matter is whether the trial court's determination, that the natural parents willfully failed to contribute to the support of their deprived child, is supported by clear and convincing evidence. This Court holds that the evidence that the natural parents' non-support was willful does not rise to the level of "clear and convincing." Therefore, the opinion of the Court of Civil... More... $0 (10-24-2006 - OK)
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Orhan Yavuz v. 61 MM, Ltd., et al.
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Orhan Yavuz, a Turkish citizen, has been involved in various international business transactions with Kamal Adi, a dual Syrian and Swiss citizen, since the early 1980s. Frustrated with the treatment of what he considers an investment in certain real property in Tulsa, Oklahoma (the Tulsa Property), Mr. Yavuz has brought suit against Mr. Adi and others, seeking relief under the federal Racketee... More... $0 (09-20-2006 - OK)
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Orhan Yavuz v. 61 MM, Ltd., et al.
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Orhan Yavuz, a Turkish citizen, has been involved in various international business transactions with Kamal Adi, a dual Syrian and Swiss citizen, since the early 1980s. Frustrated with the treatment of what he considers an investment in certain real property in Tulsa, Oklahoma (the Tulsa Property), Mr. Yavuz has brought suit against Mr. Adi and others, seeking relief under the federal Racketee... More... $0 (09-22-2006 - OK)
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Stephenson v. Oneok Resources Company
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1 This case arises from a dispute regarding overhead charges under an oil and gas lease joint operating agreement (JOA) and its attached Council of Petroleum Accountants Societies (COPAS) accounting procedure. 1 The operator under the JOA, Defendant/Appellant Oneok Resources Company (Operator), seeks review of the trial court's judgment, based on a jury verdict, granting judgment against it bot... More... $0 (05-21-2004 - OK)
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State ex rel. Oklahoma Bar Association v. Mayes
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1 The complainant, Oklahoma Bar Association (Bar Association), charged the respondent, Robert I. Mayes, Jr., with two counts of professional misconduct involving the mishandling of settlement funds1 and failure to cooperate in the grievance process.2 [66 P.3d 400] Upon a de novo review,3 we hold that clear and convincing evidence4 supports findings of the respondent's misappropriation of settle... More... $0 (03-11-2003 - OK)
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Wilhelm Murg, Jr. v. Barnsdall Nursing Home
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1 The dispositive issue presented for our review is whether the letters of special administration of appellant, Wilhelm Murg, Jr., Individually and as Personal Representative of the Estate of Virginia Murg, Deceased, (hereinafter "Murg, Jr.,") properly were issued, or whether his appointment was void ab initio (99,701) (Murg I). Our holding regarding appellant's negligence claim against appelle... More... $0 (10-18-2005 - OK)
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JOHN P. GIBBONS v. NANCY LEE GIBBONS
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1. An order fixing the custody of a minor child of the marriage of the parties to a divorce action, included in the final decree of divorce or in an order made subsequent thereto, is final on the conditions then existing, and may not be modified, with respect to the custody of the child, unless material facts are disclosed which were either unknown or could not have been ascertained with reaso... More... $0 (05-21-1968 - OK)
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United States of America v. Todd Henshaw
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Defendant Todd Henshaw appeals from a judgment entered against him in favor of the Government for $20,000 and interest. The district court found that Henshaw, an attorney, had converted the $20,000 by knowingly collecting his fee from proceeds his client had derived from the sale of property encumbered by tax liens. Because the proceeds were commingled with other funds when Henshaw received t... More... $0 (11-02-2004 - OK)
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Charles H. Hough v. Ashley H. Hough
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1 The issue in the present cause is whether the trial court abused its discretion in determining that its order requiring Husband to pay the fees and costs of the special master and the order awarding a judicial lien to special master to secure such payment, were intended to provide support for the wife and thus, non-dischargeable in bankruptcy. We hold that the trial court did not abuse its di... More... $0 (06-08-2004 - OK)
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William A. Strong, et al. v. Donald D. Laubach and Southwestern Bell Telephone Company
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In case No. 01-6377, Southwestern Bell Telephone Company (SBTC), garnishee, appeals from a judgment holding it liable to garnishors William A. Strong and Carolyn E. Strong (Strongs), for funds SBTC paid to the judgment debtor, Donald D. Laubach.(1) In case No. 01-6409, Mr. Laubach appeals from a judgment in favor of the Strongs, limiting the exemption on workers' compensation proceeds he receiv... More... $0 (06-18-2004 - OK)
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Star Fuel Marts, LLC v. Sam's East, Inc.
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Defendant-Appellant Sam's East, Inc. ("Sam's") appeals from an order granting Plaintiff-Appellee Star Fuel Marts, LLC's ("Star") Motion for Temporary Restraining Order and Preliminary Injunction seeking to enjoin and restrain Sam's from selling motor fuel below cost as defined by the Oklahoma Unfair Sales Act, Okla. Stat. tit. 15, §§ 598.1 .11 ("OUSA"). On appeal, Sam's argues that the distri... More... $0 (03-24-2004 - OK)
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George James Miller v. Mike Mullin
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George James Miller, a state prisoner, appeals the district court's decision denying him habeas relief from his Oklahoma first-degree malice aforethought murder convictions for the September 17, 1994 death of Kent Dodd. On appeal, Mr. Miller contends that (1) the prosecution engaged in prosecutorial misconduct when it concealed until final closing its theory that Mr. Dodd identified his killer ... More... $0 (01-22-2004 - OK)
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Dempsey Keach Ballard v. Independent School District No. 4 of Bryan County, Oklahoma
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1 Pursuant to the Revised Uniform Certified Questions of Law Act, 20 O.S.2001, §§1601 et seq., the United States Court of Appeals for the Tenth Circuit submitted this question: Does a school teacher's unexecuted threat to physically assault the school superintendent and another teacher, made on school premises but outside the general purview of the students, constitute "moral turpitude" justify... More... $0 (09-23-2003 - OK)
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Debra Delk v. Markel American Insurance Company
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The United States District Court for the Western District of Oklahoma (certifying court) certified a question of law pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §1601 et seq. 2 We have reformulated the question as authorized by §1602.1of the Act. 3 We answer the following reformulated question:
May an insured cotenant who occupies the insured prope... More... $0 (10-21-2003 - OK)
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Bernard Olcott v. Delaware Flood Company
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Plaintiff Bernard Olcott, an investor in oil drilling and exploration limited partnerships, filed a complaint against Defendants in 1982 alleging federal securities law violations and various state law tort, fraud and breach of contract claims.(2) The claims arose out of Defendants' solicitation, sale and operation of oil tax shelter limited partnership units between 1976 and 1979. Plaintiff's ... More... $1100000 (04-24-2003 - OK)
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Bernard Olcott v. Delaware Flood Company, et al.
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Defendants appeal the district court's entry of a $1.1 million default judgment. The district court entered default as a discovery sanction after finding Defendants repeatedly, willfully, and in bad faith failed to comply with discovery orders. On appeal, Defendants assert the district court was without jurisdiction to enter a default judgment. Defendants also raise numerous additional challeng... More... $1100000 (04-30-2003 - OK)
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State of Oklahoma ex. rel. Oklahoma Bar Association v Fred M. Schraeder
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On 26 January 2001 the Oklahoma Bar Association [Bar] commenced this disciplinary proceeding against Fred M. Schraeder [Schraeder or respondent], a licensed lawyer, by filing a formal complaint in accordance with the provisions of Rule 6 of the Rules Governing Disciplinary Proceedings [RGDP].2 The complaint alleges in four counts multiple violations of the Oklahoma Rules of Professional Conduct... More... $0 (06-18-2002 - OK)
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Barbara Bell, et al. v. Conner and Winters, P.C., et al.
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The Plaintiffs, Barbara Bell and Carter Bell (collectively "Plaintiffs"), by and through their attorneys Bridger-Riley & Associates, P.C., and for their causes of action against Defendants Conner & Winters, P.C., Katherine Coyle, Henry Will, and John Athens, alleged the following:
JURISDICTION AND VENUE
1. For a period of the times pertinent herein, Plaintiff Barbara Bell ("Bell") was a r... More... $105000 (02-04-2003 - OK)
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James R. Millsap, et al. v. McDonnell Douglas Corporation
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PLAINTIFFS' MEMORANDUM IN SUPPORT OF
PRELIMINARY APPROVAL OF CLASS SETTLEMENT
Class counsel submit this memorandum in support of the parties' joint motion for an order preliminarily approving the Stipulation of Settlement ("Settlement"). Class counsel also seek approval of the proposed notices of settlement to the Class and request the Court schedule a date for a ... More... $36000000 (02-04-2003 - OK)
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Cherokee Nation of Oklahoma, et al. v. Tommy G. Thompson, Secretary of Health and Human Services, et al.
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Under the Indian Self-Determination and Education Assistance Act ("ISDA"), 25 U.S.C. §§ 450-450(n), as amended, the Secretary of Health and Human Services ("Secretary") may enter into contracts or compacts with Indian tribes (self-determination contracts) to permit the tribes to administer various programs that the Secretary would otherwise administer. The Act further stipulates that the Secretary... More... $0 (11-27-2002 - OK)
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Bruce V. Winston and Rodney R. Ramsey v. Stewart & Elder, P.C., et al.
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1 Today's appeal requires the Court to assess (1) the trial court's grant of summary judgment to Stewart and Elder, individually, SE Properties, and Stewart & Elder, a professional corporation, in a suit to enforce stock-purchase and employment agreements1 between (a) Bruce Winston and Rodney Ramsey [Winston/Ramsey or plaintiffs] and (b) Stewart & Elder, P.C. [law firm] and (2) the denial of summa... More... $0 (09-17-2002 - OK)
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