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BAYOUTH v. LION OIL CO.

No. C-2290.

671 S.W.2d 867 (1984)

Frank E. BAYOUTH et al., Petitioners, v. LION OIL COMPANY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 18, 1984.

Attorney(s) appearing for the Case

Jimmy Horany, Thomas W. Schueller, Barry L. Macha, Wichita Falls, for petitioners.

Moore, Dickson, Roberts and Ratliff, R. Temple Dickson, Sweetwater, Stubbeman, McRae, Sealy, Laughlin & Browder, Rodney W. Satterwhite and Marc L. Skeen, Midland, for respondents.

CAMPBELL, Justice.

This is an appeal from a summary judgment granted Lion Oil Company, Monsanto Company, Saxon Oil Company and Bill D. Saxon (Oil Companies). The underlying issue is whether alleged damages to Bayouth's and Pope's lands are permanent or temporary. The trial court granted the Oil Companies' motion for summary judgment, holding the damages alleged were permanent as a matter of law and, therefore, barred by...

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