SMITH-SOUTHWEST IND. v. FRIENDSWOOD DEV. CO.

No. 16794.

546 S.W.2d 890 (1977)

SMITH-SOUTHWEST INDUSTRIES et al., Appellants, v. FRIENDSWOOD DEVELOPMENT CO. et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied February 24, 1977.


Attorney(s) appearing for the Case

Joseph D. Jamail, S. Gus Kolius, Robert F. Stein, Houston, for appellants.

Fulbright & Jaworski, Kraft W. Eidman, David J. Beck, Sim T. Lake, III, Robert D. McGee, Houston, for appellee Friendswood Development Co.

McGinnis, Lochridge & Kilgore, Robert C. McGinnis, Peter M. Lowry, Austin, for appellee Exxon Corp.

Childs, Fortenbach, Beck & Guyton, Michael R. Waller, Houston, for Atlantic Richfield Co., Arco Chemical Corp. and Arco Chemical Co., a Division of Atlantic Richfield Co.

Baker & Botts, Finis E. Cowan, Houston, for Tenneco Chemicals, Inc.

Butler, Binion, Rice, Cook & Knapp, Frank J. Knapp, Houston, for E. I. DuPont de Nemours & Co.

Crain, Winters, Houser & Deaton, Newton M. Crain, Jr., Houston, for Rohm & Haas Texas, Inc.

Andrews, Kurth, Campbell & Jones, Bass C. Wallace, Houston, for Diamond Shamrock Corp.

Cox, Packenham & Roady, Joyce Cox, Houston, for Shell Oil Co.

Otis King, City Atty., James K. Gardner, Sr. Asst. Atty., for City of Houston.

Saccomanno, Clegg, Martin & Kipple, Burke Martin, Houston, for City of Seabrook.

Barlow, Lacy, Smith & Gay, Billy R. Smith, Houston, for Galveston County Water Control & Improvement District No. 12.

Vinson, Elkins, Searls, Connally & Smith, Dave McNeill, Jr., Houston, for Champion International Corp.

Sewell, Junell & Riggs, William E. Matthews, Houston, for Crown Central Petroleum Co.

Robert V. Shattuck, Jr., Galveston, for City of Galveston.

Knox W. Askins, LaPorte, for City of LaPorte.

Charles A. Easterling, Houston, for City of Pasadena.

Kiibler & Kiibler, Dick H. Gregg, Jr., LaPorte, for Harris County Water Control & Improvement District # 83 and City of Nassau Bay.

D. Neel Richardson, Baytown, for City of Baytown.


PEDEN, Justice.

This is an appeal from the granting of a summary judgment against the plaintiffs, Smith-Southwest Industries and other landowners similarly situated, who brought this class action against Friendswood Development Company and its corporate parent, Exxon Corporation, alleging that the severe subsidence of their lands was caused by the defendants' withdrawal of vast quantities of percolating underground water from wells located on defendants' land in the...

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