Davis v. Oklahoma Employment Security Commission

" 1 The primary issue on appeal is whether failure to name the Board of Review ("Board") of the Oklahoma Employment Security Commission ("OESC"), as a party to an appeal brought under 40 0.8. Supp.2008, § 2-610, requires the dismissal of the action for failure to name a necessary party. We have previously addressed this issue in Edmondson v. Siegfried Ins. Agency, Inc., 1978 OK 45, 577 P.2d 72, and Oklahoma Employment Security Commission v. Carter, 1995 OK 74, 903 P.2d 868. In both cases, we regarded the failure to name the Board as a fatal, jurisdictional flaw. This case is no different.

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