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OKAN PIPELINE COMPANY v. EILAND

No. 3991.

394 S.W.2d 548 (1965)

OKAN PIPELINE COMPANY, Appellant, v. H. H. EILAND and A. E. Sumruld, Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 15, 1965.

Attorney(s) appearing for the Case

O. Gordon Oldham, Tulsa, Okl., for appellant.

J. Ray Martin, Amarillo, Rudy V. Hamric, Hamlin, Gene L. Dulaney, Snyder, for appellees.

COLLINGS, Justice.

Okan Pipeline Company brought suit against Branson Construction Company, hereinafter referred to as Branson, H. H. Eiland and A. E. Sumruld, jointly and severally, to recover damages to plaintiff's pipeline and loss of contents on land belonging to Eiland on which Sumruld was the surface tenant. The damage was alleged to have been sustained September 30, 1960, when Branson was employed by Eiland's tenant, Sumruld, to excavate a trench silo. Trial...

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