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WAGNER & BROWN, LTD. v. SHEPPARD

No. 06-0845.

282 S.W.3d 419 (2008)

WAGNER & BROWN, LTD. et al, Petitioners, v. Jane Turner SHEPPARD, Individually and as Independent Executrix of the Estate of Sybil Turner, Deceased, Respondent.

Supreme Court of Texas.

Decided November 21, 2008.

Rehearing Denied June 5, 2009.

Attorney(s) appearing for the Case

J. Gregory Copeland, Macey Reasoner Stokes, Baker & Botts, Houston, TX, Jerry S. Harris, Harbour Smith Harris & Merritt, Longview, TX, Julie Ann Walker, Miller Mentzer, P.C., Palmer, TX, for Petitioners.

Ronald O. Holman, Alan Edward Wright, Ben L. Mesches, Haynes & Boone, L.L.P., Dallas, TX, for Respondent.

Michael E. McElroy, McElroy Sullivan & Miller, L.L.P., Pamela Stanton Baron, Austin, TX, for Amicus Curiae.

Justice BRISTER delivered the opinion of the Court.

One observer has estimated that 85 percent of the 27,000 wells drilled in the East Texas oil field in the first half of the 20th century were unnecessary—resulting in a huge waste of money and natural resources.1 As one means of reducing excessive drilling, the Texas Legislature provided for voluntary pooling in 1949,

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