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KERR-McGEE CORP. v. HELTON

No. 02-0356.

133 S.W.3d 245 (2004)

KERR-McGEE CORPORATION, et al. v. Jimmy HELTON, et al.

Supreme Court of Texas.

Decided January 30, 2004.

Rehearing Denied May 7, 2004.

Attorney(s) appearing for the Case

J. Harrell Feldt, Vinson & Elkins, Houston, S. Tom Morris, Underwood Wilson Berry Stein & Johnson, P.C., Amarillo, for petitioner.

Robert D. Lemon, Guy Kelly Cooksey, Otis C. Shearer, Lemon Shearer Phillips & Good, P.C., Perryton, for respondent.

Justice SMITH delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice JEFFERSON, Justice SCHNEIDER, Justice WAINWRIGHT, and Justice BRISTER joined.

Oil and gas lessors brought suit against lessee for breach of the implied covenant to protect the leasehold against drainage. The case was tried to the bench. At trial, lessors' sole evidence of the amount of damages was the expert testimony of Michael Riley. After cross...

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