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WYLIE v. REED

No. 5932.

579 S.W.2d 329 (1979)

W. C. WYLIE et ux., Appellants, v. Bette REED, Trustee, a Co-Partnership, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 12, 1979.

Attorney(s) appearing for the Case

Leo J. Hoffman, Strasburger & Price, Dallas, Jack T. Life, Life & Bolding, Athens, for appellants.

James W. McCartney and Ben H. Rice, Vinson & Elkins, Houston, James W. Bradford, Jr., Angleton, Hugh D. Reed, Fairfield, for appellee.

F. H. (Hastings) Pannill, Sr. and Charles L. Morgan, Jr., Pannill & Morgan, Inc., Huntsville, for amicus curiae.

OPINION

JAMES, Justice.

This is an appeal from a second summary judgment. Plaintiff-Appellee Bette Reed, Trustee, a co-partnership, brought this suit against Defendant-Appellants W. C. Wylie and wife Iva Jack Wylie for a declaratory judgment to the effect that as between Reed and the Wylies, the Wylies have no ownership of the coal and lignite deposits in a certain tract of 223.385 acres of land located in Freestone County, nor of the royalty funds attributable...

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