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STRONG v. SUNRAY DX OIL COMPANY

No. 222.

448 S.W.2d 728 (1969)

Guerry STRONG, Appellant, v. SUNRAY DX OIL COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied December 31, 1969.

Attorney(s) appearing for the Case

Sterling Holloway, Austin, Mills, Shirley & McMicken, Preston Shirley, Galveston, for appellant.

Crawford C. Martin, Atty. Gen., of the State of Texas, J. Milton Richardson, Asst. Atty. Gen., for the State of Texas, intervenor.

Claude C. Roberts, Houston, for Industrial Gas Co.

M. Darwin Kirk, J. P. Greve, Rufus N. McKnight, Jr., Tulsa, Okl. for Sun Oil Co.

Richard D. Cullen, Victoria, and Vinson Elkins, Weems & Searls, Thomas Fletcher, Dave McNeill, Jr., Houston, for Sun Oil Co., United Gas Pipe Line Co., Union Producing Co., and Monsanto Co.

R. H. Whilden, C. E. Nadeau, Houston, for Shell Oil Co.

David R. Latchford, R. T. Wilkinson, Jr., Houston, for Mobil Oil Corp., Republic Natural Gas Co., Albantu Oil & Gas Corp., East Wall Street Corp., Long Point Corp., Mon-Dak Oil Corp., The Chase Manhattan Bank and William B. Bateman, Trustee.

Dillard W. Baker, Walter B. Morgan, Houston, for Humble Oil & Refining Co.

Guittard, Henderson, Jones & Lewis, Frank Guittard, Victoria, for C. K. McCan, Emily Herder, Margaret V. Lowery, Eileen Sullivan, W. H. Crain, Jr., and others (Landowners known as J. A. McFaddin Estate).

OPINION ON MOTION FOR REHEARING

NYE, Justice.

The original dissenting opinion is withdrawn and this opinion sustaining appellees' motion for rehearing and affirming the judgment of the trial court is substituted therefor as the majority opinion of this Court.

This is an appeal by the plaintiff from the trial court's directed verdict of no vacancy existing on defendant's lands. A paramount issue involves the correctness of the directed verdict and...

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