| Oklahoma Covenant Law |
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Southwest Stainless, L.P. and HD Supply, Inc. v. John R. Sappington, et al.
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This diversity case requires us to address the contours of covenants not to compete under Oklahoma law. When John R. Sappington and William B. Emmer defected from one Tulsa-area metals business, Southwest Stainless, to another, Rolled Alloys, they took with them years of expertise in the metals industry and personal relationships with many area customers. Some years before, Southwest Stainless had... More... $0 (09-25-2009 - OK)
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Lora Ann Miller v. David Grace, Inc., David Grace, individually, and First Choice Management, and Satca, Ltd., Parent Company of River Chase Apartments, and First Choice Properties, Inc.
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¶1 On December 29, 2008, this case was assigned to this office. This is a negligent maintenance and construction action initiated by a tenant against her landlord and a contractor after the tenant fell from her second story balcony due to a defectively installed balcony railing. The district court granted the landlord's and contractor's motions for summary judgment based on the traditional common... More... $0 (06-30-2009 - OK)
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James W. Green v. Haskell County Board of Commissioners, et al.
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Defendant-Appellee Haskell County Board of Commissioners approved a constituent’s request to erect a monument displaying the Ten Commandments (hereinafter the “Monument”) on the lawn of the county courthouse in Stigler, Oklahoma. Plaintiffs-Appellants James Green, a Haskell County resident, and the American Civil Liberties Union (“ACLU”) of Oklahoma filed suit against the Haskell County ... More... $0 (06-08-2009 - OK)
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Capron & Edwards, P.C. v. Holden & Carr, P.C.
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Capron & Edwards, P.C., appeals from the district court’s grant of summary judgment in favor of Holden & Carr, P.C., enforcing its attorney’s lien and adopting its interpretation of a fee agreement. We conclude Capron & Edwards has standing to appeal and the district court’s exercise of supplemental jurisdiction was proper, but reverse because the court erred in interpreting the fee agreemen... More... $0 (05-21-2009 - OK)
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Keith Fuqua v. Lindsey Management Co., Inc.
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Stacy and Keith Fuqua appeal from the district court’s decision granting summary judgment in favor of Lindsey Management Co., Inc. We affirm.
I. Background
The Fuquas filed an action against Lindsey, alleging that Lindsey violated the Oklahoma Residential Landlord and Tenant Act (ORLTA) and the Oklahoma Consumer Protection Act (OCPA), and breached the implied covenant of good faith... More... $0 (03-31-2009 - OK)
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In re: Williams Securities Litigation - WCG Subclass
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On July 24, 2000, The Williams Companies, Inc. (“WMB”) announced that it would be spinning off its telecommunications subsidiary, Williams Communications Group (“WCG”), in a move that it called “the best way to ensure that both our energy and communications businesses have the efficient and effective access to the capital necessary to pursue the substantial growth that each enjoys.” No... More... $0 (02-18-2009 - 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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MEDICINE LODGE INVESTMENTS, L.L.C. v. EAR, INC.
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¶1 Plaintiff/Appellant Medicine Lodge Investments, L.L.C. (Medicine Lodge) appeals from the denial of its Motion for New Trial, filed after the trial court granted summary judgment in favor of Defendants/Appellees EAR, Inc., Richard D. Stansberry (collectively, Appellees), Defendant Carolyn Ayers, and Defendant/ Substituted Plaintiff/Appellant Deer Creek Water Corporation (Deer Creek).2 After EAR... More... $0 (12-05-2008 - OK)
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RPHS, INC. v. ASSESSMENT BD. FOR THE OKLA. EMPLOYMENT SECURITY COM'N.
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¶1 Appellant RPHS, Inc. (RPHS), whose business is to provide its clients with registered pharmacists on an "as-needed" basis, seeks review of a district court order affirming the decision of the Oklahoma Employment Security Commission (Commission). The Commission determined that RPHS's "relief pharmacists" were employees, not independent contractors, and assessed additional taxes, penalty and int... More... $0 (11-26-2008 - OK)
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Linda Gomes, etc. v. Akhtar Hameed, M.D. and Jennifer L. Milles Holter, M.D.
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0 While receiving treatment at a hospital, Georgette Gomes (patient) stopped breathing. The appellees, Dr. Akhtar Hameed, and Dr. Jennifer L. Miles Holter, responded to a code blue. The patient was resuscitated, suffered permanent brain damage, and eventually died. Thereafter, her guardian ad litem sued the hospital for negligence. The doctors allege that the attorney for the guardian ad lite... More... $0 (01-25-2008 - OK)
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Zella Milburn v. Life Investors Insurance Company of America
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This appeal arises from the district court's order entered December 17, 2004
granting partial summary judgment in favor of plaintiff on the issue of coverage under a
Long Term Care Insurance Policy. See the "Order" found in App. Vol. III at 927-938.1
Following the entry of partial summary judgment and settlement of plaintiff's other
claims, a final judgment in plaintiff's favor was entere... More... $0 (01-09-2008 - OK)
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Gary Gilbert, as Guardian of John E. Gilbert, an incapacitated person, v. Security Finance Corporation of Oklahoma, Inc., et al.
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1 The principal issues before this Court are: (1) whether the exercise of in personam jurisdiction over the non-resident defendants violates due process, (2) whether the trial court erred in submitting to the jury and instructing the jury on the issue of alter-ego liability, (3) whether title 23, section 9.1 of the Oklahoma Statutes is unconstitutional, and (4) if not, whether the punitive dama... More... $0 (07-26-2006 - OK)
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Russell Lee Gillogly v. General Electric Assurance Company, aka GE Capital Assurance, etc.
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In these appeals, we interpret a long term care insurance policy that Plaintiff Russell Lee Gillogly ("Gillogly") purchased from a predecessor to Defendant insurer General Electric Capital Assurance Company ("GECA").(*) We REVERSE the district court's grant of summary judgment for Gillogly on his claim that GECA breached its contract with Gillogly when it denied his request for benefits under ... More... $0 (12-14-2005 - OK)
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Thoedore D. Head, et al. v. Walter Thomas McCracken, et al.
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1 The trial court granted summary judgment to defendants/appellees, Walter Thomas and Rebecca Lucille McCracken, husband and wife (hereafter defendants), in regard to plaintiffs'/appellants', Theodore D. and Lori A. Head, husband and wife (hereafter plaintiffs), claim to damages, attorney fees and costs under the Nonjudicial Marketable Title Procedures Act (NMTPA), 12 O. S. 2001, § 1141.1-1141.... More... $0 (11-09-2004 - OK)
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Gary Gilbert, As Guardian For John E. Gilbert, An Incapacitated Person, v. Security Finance Corporation of Oklahoma, Inc., et al.
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The Plaintiff alleged that MACI Holdings, Inc., Security Finance Corporation of Spartanburg, Security Group, Inc. and Continental Holding Company (Spartanburg Defendants) owned and controlled the operations of Security Finance Corporation of Oklahoma, Inc. and Maverick Acquisition Corporation. The Spartanburg Defendants created and implemented a fraudulent and deceptive "loan flipping" scheme ... More... $1765000 (12-10-2004 - OK)
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Theodore D. Head and Lori A. Head v. Walter Thomas McCracken, et al.
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1 The trial court granted summary judgment to defendants/appellees, Walter Thomas and Rebecca Lucille McCracken, husband and wife (hereafter defendants), in regard to plaintiffs'/appellants', Theodore D. and Lori A. Head, husband and wife (hereafter plaintiffs), claim to damages, attorney fees and costs under the Nonjudicial Marketable Title Procedures Act (NMTPA), 12 O. S. 2001, § 1141.1-1141.... More... $0 (11-12-2004 - OK)
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MARIO BADILLO v.
MID CENTURY INSURANCE COMPANY
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1 The dispositive issue is whether under the uncontested facts, the trial court should have found as a matter of law that the liability insurer did not violate its duty of good faith and fair dealing to its insured. We hold that the uncontested facts do not support a breach of the duty and therefore the trial court should have granted the appellants' motion for a directed verdict.
I. FACT... More... $0 (06-08-2004 - OK)
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Theodore Montgomery v. City of Ardmore, et al.
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Theodore Montgomery appears to have let his claims get away from him. He raises some eleven propositions, as nearly as we can tell, covering violations of procedural due process and various state tort claims. The defendants, unhelpfully unfamiliar with final order law, seek to challenge the preservation of Mr. Montgomery's appeal. One of them, the Fraternal Order of Police (FOP) seeks attorneys... More... $0 (05-03-2004 - OK)
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MAX SMITH, d/b/a SMITH OIL v.
MARSHALL OIL CORPORATION
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1 The dispositive issues on certiorari are whether the subject leases terminated under the terms of their habendum clauses, and whether ownership of certain equipment left on the leased premises by appellant, Max Smith, d/b/a Smith Oil, vested in the surface owner. We answer these questions in the affirmative.
FACTS AND PROCEDURAL HISTORY
2 The operator, Max Smith d/b/a Smith Oil, ... More... $0 (02-10-2004 - OK)
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CLESTA DARNABY and JEFF DARNABY v.
MARTIN J. DAVIS, D.O.
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1 This is Clesta (Patient) and Jeff Darnaby's appeal from the trial court's March 13, 2000, order entering judgment on a jury verdict rendered in favor of Martin J. Davis, D.O. (Doctor), on Patient's claim of negligence and battery arising out of sexual encounters which took place in Doctor's office. Patient contends the trial court erred when it failed to grant judgment to her as a matter of l... More... $0 (03-19-2002 - OK)
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Rod Hollaway, M.D. v. UNUM Life Insurance Company of America
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Does Oklahoma's cause of action for breach of the implied covenant of good faith and fair dealing allowing for recovery of consequential and (when appropriate) punitive damages, as adopted in Christian v. American Home Assurance Co., 1977 OK 141, 577 P.2d 899, apply only to contracts of insurance such that it can be said to "regulate insurance" as that term is used in Pilot Life Ins. Co. v. Ded... More... $0 (11-10-2003 - OK)
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Salee A. Conover v. Aetna US Health Care, Inc.; Aetna Life Insurance Company
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Ms. Sallee Conover appeals from a district court decision holding her state law bad faith claim is preempted under the Employee Retirement Income Security Act. See Conover v. Aetna U.S. Healthcare, Inc., 167 F. Supp.2d 1317 (N.D. Okla. 2001). Ms. Conover argues her claim is not preempted because the Act saves "any law of any State which regulates insurance." See 29 U.S.C. § 1144(b)(2)(A). We ex... More... $0 (02-20-2003 - OK)
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Orlando H. Harris, et al. v. Allstate Insurance Company
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Plaintiff-appellant Service Professionals, Inc. ("SPI") is a minority-owned business. Defendant-appellee Allstate Insurance Company maintains a list of vendors to which it refers its insureds for repair work. SPI was on this list, but allegedly received a disproportionately low number of the referrals. SPI filed the present suit alleging that Allstate's referral practices amounted to racial discri... More... $0 (11-27-2002 - OK)
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State of Oklahoma v. Danny Ray Pyles, et al.
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1 Bail bond sureties Eddie Ray Inman and Roberta Dampf appeal the trial court's refusal to vacate the forfeiture of their respective bail bonds for criminal defendant, Danny Ray Pyles. Sureties Inman and Dampf acknowledge the bonds were properly forfeited upon Mr. Pyles' failure to make a scheduled court appearance. They also concede that they have been unable to return Mr. Pyles to custody after ... More... $0 (09-04-2002 - OK)
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Beatrice A. Hurlbut, et al. v. Robert C. Morrow
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1 In this action contesting the terms and legal efficacy of a "Hunting Lease", Appellant, Robert Morrow (Morrow), appeals from [1] the trial court's judgment ordering the agreement cancelled, and [2] the trial court's denial of Morrow's post-trial Request for Stay of Enforcement of Judgment. We find no error in either determination and affirm.
BACKGROUND FACTS
2 On July 16, 1990, Morro... More... $0 (08-09-2002 - OK)
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Orlando L. Harris, et al. v. Allstate Insurance Company
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Plaintiff-appellant Service Professionals, Inc. ("SPI") is a minority-owned business. Defendant-appellee Allstate Insurance Company maintains a list of vendors to which it refers its insureds for repair work. SPI was on this list, but allegedly received a disproportionately low number of the referrals. SPI filed the present suit alleging that Allstate's referral practices amounted to racial discri... More... $0 (08-16-2002 - OK)
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Cardiovascular Surgical Specialists Corproation v. Robert B. Mammana, M.D.
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0 Corporation sought to enforce "non-compete" provision in its employment contract with former employee, cardiovascular surgeon. Matter was referred to arbitration as provided by contract. Arbitration panel held "non-compete" provision valid and enforceable. District Court confirmed panel's decision and issued injunction to enforce "non-compete" provision. * * * 1 This matter was retained by t... More... $0 (04-09-2002 - OK)
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Thomas F. Broderick v. Bruce Keeler
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After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.
Defendant seeks review of a district court judgment on a jury verdict in favor of plaintiff on a breach of contract a... More... $0 (01-25-2002 - OK)
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Citgo Petroleum Corp. v. Occidential Petroleum Corp.
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In 1983, Cities Service Company ("Cities") sold its CITGO stock to The Southland Corporation ("Southland"). As part of the consideration to Southland, Cities, along with Cities Service Oil and Gas Corporation ("CSOG"), executed a Petrochemical Plant Site Right of First Refusal Agreement ("ROFR") pursuant to which CITGO would have a preferential right to purchase certain petrochemical plant propert... More... $0 (01-25-2002 - OK)
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Stewart Title v. Sunburst Group, L.L.C.
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Stewart Title filed a declaratory judgment action to determine
what,
if anything needed to be paid to an insured under a title policy; its
insured, Sunburst, counterclaimed for breach of contract and bad faith,
seeking actual and punitive damages. A restrictive covenant was missed by
the abstract company when Sunburst bought the property in question in 1994;
shortly later, there was eviden... More... $0 (01-17-2002 - OK)
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Robert Livesay, et al. v. Shoreline, L.L.C., et al.
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1 Appellants, Robert and Yana Livesay (Livesays) and Harold and Virginia Zook (Zooks), have appealed from [1] summary judgment in favor of Appellees, Gerald and Cleora Tousey (Touseys) and David and Bonnie Anglewicz (Anglewicz), and [2] denial of their motion for summary judgment as against all Appellees. The appeal is submitted without appellate briefing in accordance with the accelerated procedu... More... $0 (06-22-2001 - OK)
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Ronald M. Wallace v. Mental Health Services of Southern Oklahoma, Inc.
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1 Plaintiff/Appellant, Ronald M. Wallace, sued Defendant/Appellee, mental Health Services of Southern Oklahoma, Inc., alleging that he had been wrongfully terminated from his employment with Appellee.1 Wallace based his action upon a claim that Appellee breached his alleged employment contract. The trial court sustained Appellee's Motion for Summary Judgment and entered judgment accordingly. Walla... More... $0 (09-21-2001 - OK)
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Broken Arrow Partnership v. PBC Investment Opportunities, Inc. d/b/a Alternative Therapy
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Unknown1 This appeal arises from a forcible entry and detainer proceeding brought by Landlord, Broken Arrow Partnership, to recover premises leased to Tenant, PBC Investment Opportunities, Inc. The case began March 7, 2000, with the filing of a small claims affidavit that generally stated "the defendant [Tenant] is wrongfully in possession of [the premises and] the plaintiff [Landlord] is entitled... More... $0 (09-18-2001 - OK)
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Earls v. Board of Education of Tecumseh Public Schools
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Plaintiffs Lindsay Earls and Daniel James are students at Tecumseh High School.(1) By their next friends and parents, John David and Lori Earls and Leta Hagar, they brought this 42 U.S.C. § 1983 action against the Board of Education of the Tecumseh Public School District and the Tecumseh Public School District (collectively the "District"), challenging the constitutionality of the random suspicion... More... $0 (03-26-2001 - OK)
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The appellants, Bill J. Davis and Erika Davis (Davis/insured), obtained medical insurance pursuant to the Oklahoma State Employees Benefits Act (Benefits Act), 74 O.S. Supp. 1992 §1361, et. seq. with coverage through BlueLincs HMO. Davis sued the appellee, GHS Health Maintenance Organization, Inc., d/b/a BlueLincs, Inc. (collectively, insurer/HMO), for fraud, constructive fraud and breach of the i... More... $0 (01-16-2001 - OK)
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Urveshi Patel v. Crescent Heights of Oklahoma I, Inc. et al.
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Forcible Entry and Detainer - Malicious Prosecution - Defendant Crescent Heights and its project manager Shlomo Fellus instituted a forcible entry and detainer action agaisnt Plaintiff, employing the services of John Wimbish and the firm of Riddle & Wimbish, which resulted in a judgment granting Crescent Heights possession of Plaintiff's apartment. This judgment was subsequently reversed by the C... More... $0 (06-22-2000 - OK)
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Zydot Unlimited v. Thomas Burke
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Breach of contract - covenant not to compete.... More... $0 (05-17-1999 - OK)
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Conyers v. Vector Properties, Inc., et al.
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Plaintiff claimed a strip of Defendants' real property by adverse possession. A portion of
the east boundary line of Defendants' property abuts the west boundary line of Plaintiff's property.
There was a four foot utility easement on each side of the boundary line betwen the two pieces of
property. The original restrictive covenants prohibited the building of anything in the 8 foot strip of
l... More... $0 (04-08-1996 - OK)
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Robert Gwyn v. Terra Industries
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Breach of contract and breach of the covenant of good faith and fair dealing.
Plaintiff were executives of Agricultural Minerals Corporation which was acquired by Terra
which proceeded to fire them without cause. Plaintiffs' claimed that they were entitled to
more than $670,000 in salaries and bonuses.
... More... $0 (11-18-1996 - OK)
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