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SCHLIPF v. EXXON CORP.

No. C-943.

644 S.W.2d 453 (1982)

Carl F. SCHLIPF et al., Petitioners, v. EXXON CORPORATION et al., Respondents.

Supreme Court of Texas.

November 3, 1982.

Attorney(s) appearing for the Case

W.H. Betts, Hempstead, for petitioners.

Baker & Botts, Frank Harmon, Lamar Hart, Dean J. Capp and Melvin Hawkins, Kirklin, Boudreaux and Joseph, Stephen R. Kirklin and Tim S. Leonard, Houston, James R. Coffee, Dallas, James D. Klutz, Cloy D. Monzingo and Jim Merrill, Houston, Strasburger & Price, Leo J. Hoffman and Stuart C. Hollimon, Julius L. Lybrand, Dallas, Vinson and Elkins, James McCartney and D. Ferguson McNeil, Andrews, Kurth, Campbell & Jones, Williams H. Tenison, Robert W. Mahood, Houston, for respondents.

ON MOTION FOR REHEARING

PER CURIAM.

Our former opinion is withdrawn and this one is substituted by a majority of the Court.

Carl Schlipf and others, collectively referred to herein as Schlipf, brought suit against Exxon for recovery of damages for retained gas royalties and prejudgment interest on all royalties withheld by Exxon since April 1, 1978. Schlipf filed a motion for summary judgment which was contested by Exxon. Exxon did not file a motion...

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