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LEONARD v. TEXACO, INC.

No. B-87.

422 S.W.2d 160 (1967)

O. P. LEONARD, Petitioner, v. TEXACO, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied October 4, 1967.

Attorney(s) appearing for the Case

R. E. Swift, Palestine, Garrett & Stahala, Robert Stahala, Fort Worth, for petitioner.

Bob Reeves, Palestine, William S. Clarke, Houston, for respondent.

NORVELL, Justice.

This case involves a limitation problem. The action is one for damages by a surface owner against the mineral lessee allegedly growing out of seismic operations on the lease. Texaco, Inc., defendant in the trial court and respondent here, contends that the action was barred by the two year statute of limitations. Article 55261 reads in part as follows:

"There shall be commenced and prosecuted within two years...

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