McCLANE v. SUN OIL CO.

No. 79-3416.

634 F.2d 855 (1981)

Billye McCLANE, Mother, and Don Holliday, Father, as Representatives of the Estate of Donaly Royce Holliday, Deceased, et al., etc., Plaintiffs, v. SUN OIL COMPANY, Defendant-Third Party Plaintiff-Appellee-Cross Appellant, v. TEXAS TANQUE MANUFACTURING COMPANY, INC., Third Party Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied February 17, 1981.


Attorney(s) appearing for the Case

Rassman, Gunter & Boldrick, John E. Gunter, Midland, Tex., for Texas Tanque.

Griffis & Griffis, Tom H. Whiteside, San Angelo, Tex., for plaintiffs.

Shafer, Gilliland, Davis, Bunton & McCollum, Inc., James M. O'Leary, Odessa, Tex., for Sun Oil Co.

Before GOLDBERG, GARZA and TATE, Circuit Judges.


GARZA, Circuit Judge:

Sun Oil Company owned two leases in Reagan County, Texas, on which it conducted oil drilling operations. Located on the same property was a facility which serviced those wells. The facility originally included a water tank and an oil storage tank. Due to an increase in production, Sun Oil decided to add another oil storage tank, which it obtained from another of its facilities. The two original tanks...

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