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NEEL v. KILLAM OIL CO., LTD.

No. 04-01-00148-CV.

88 S.W.3d 334 (2002)

George E. NEEL, Jr. and Suzy Neel Mayo, Appellants, v. KILLAM OIL COMPANY, LTD.; Hurd Enterprises, Ltd.; Enron Oil & Gas Company; Tracy Leigh Killam Dileo; Sara S. Hurd Garcia; Victoria L. Hurd Goebel; Alice J. Hunt, Individually and as Trustee of the Douglas O. Hunt Trust; John G. Hurd; John R. Hurd; David Killam; Adrian Kathleen Killam; Patricia Hurd McGregor; Bill C. Tucker; and Kenneth Earl Wilber, II, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 4, 2002.

Attorney(s) appearing for the Case

Don H. Magee, Patton G. Lochridge, John W. Stayton, Jr., McGinnis, Lochridge & Kilgore, L.L.P., Austin, for Appellant.

Carlos David Castillon, Freeman & Castillon, Laredo, Marshall Boykin, III, Wood, Boykin & Wolter, P.C., Corpus Christi, Corby Considine, Michael J. Wilson, Tevis Herd, Rick D. Davis, Jr., Cotton, Bledsoe, Tighe & Dawson, P.C., Midland, for Appellees.

Sitting: SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

Opinion by: SANDEE BRYAN MARION, Justice.

This is a suit to construe a mineral deed. George E. Neel and Suzy Neel Mayo filed a declaratory judgment suit1 to establish their claimed ownership of a one-half royalty interest in the oil and gas produced from 2000 acres in Webb County under a lease executed in 1980. The parties filed competing motions for summary judgment, and the trial court held, inter alia, that Neel and Mayo owned...

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