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PHILLIPS PIPE LINE CO. v. CLEAR CREEK PROP., INC.

No. 12560.

553 S.W.2d 389 (1977)

PHILLIPS PIPE LINE COMPANY, Appellant, v. CLEAR CREEK PROPERTIES, INC., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 20, 1977.

Attorney(s) appearing for the Case

Kent M. Rider, Stayton, Maloney, Hearne & Babb, Austin, for appellant.

John H. Akin, Pearce, Smith & Akin, Austin, for appellees.

SHANNON, Justice.

The opinion of this Court filed on May 18, 1977, is withdrawn, and the following opinion replaces it.

Appellees, Clear Creek Properties, Inc., Carl Morris, Trustee, and Edward R. Rathgeber, sued appellant Phillips Pipe Line Company in trespass in the district court of Travis County. After trial to a jury, the district court entered judgment for appellees for $50,179.65.

Appellees pleaded...

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