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  5. 656 S.W.2d 634 (1983)
 

HUNT OIL CO. v. MOORE

Nos. 1464, 1450.

656 S.W.2d 634 (1983)

HUNT OIL CO., et al., Appellants-Appellees, v. Willis MOORE, Trustee, Appellee-Appellant.

Court of Appeals of Texas, Tyler.

Rehearing Denied September 7, 1983.

Attorney(s) appearing for the Case

Drew R. Heard, Allen Weed, Shank, Irwin, Conant, Williamson & Grevelle, Dallas, for appellants-appellees.

Edward Kliewer, Jr., Frank G. McDonald, Kliewer & Hood, Dallas, for appellee-appellant.

SUMMERS, Chief Justice.

This case is a consolidation of two appeals from the same judgment. This court in an earlier opinion dismissed the appeal of Hunt Oil Company (Cause No. 1464) for want of jurisdiction.1 Pursuant to the Texas Supreme Court's mandate we now consider the merits of each appeal.

Willis Moore, Trustee (hereinafter Moore), brought suit on July 7, 1970, against Hunt Oil Company and others (hereinafter Hunt) seeking...

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