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SHELL OIL CO. v. SEALY-SMITH FOUNDATION

No. A2704.

624 S.W.2d 643 (1981)

SHELL OIL COMPANY, Appellant, v. The SEALY-SMITH FOUNDATION for the John Sealy Hospital, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

October 1, 1981.

Attorney(s) appearing for the Case

Ben H. Rice, Jody Richardson, Vinson & Elkins, Houston, for appellant.

James Drought, Brite, Drought, Bobbitt & Halter, San Antonio, for appellee.

Before J. CURTISS BROWN, C. J., and JUNELL and PRICE, JJ.

JUNELL, Justice.

This is an appeal from an order overruling a plea of privilege filed by appellant Shell Oil Company, defendant in the court below, in a suit filed by The Sealy-Smith Foundation for the John Sealy Hospital, alleging underpayment of natural gas royalties under the terms of an oil and gas lease on lands located in Winkler and Ward Counties. In its Second Amended Controverting Affidavit and in this appeal The...

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