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MARTENS v. PRAIRIE PRODUCING CO.

No. C14-83-483CV.

668 S.W.2d 889 (1984)

M.F. MARTENS, et ux., Appellants, v. PRAIRIE PRODUCING COMPANY, Appellee.

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

April 5, 1984.

Attorney(s) appearing for the Case

James W. Bradford, Angleton, for appellants.

Joseph Patterson, Kee & Patterson, Angleton, for appellee.

Before PAUL PRESSLER, MURPHY and SEARS, JJ.

SEARS, Justice.

This appeal involves the rights of the owner of mineral rights to enter, against the wishes of the owner of the surface rights, and explore the land.

Appellants, the surface owners of a 101 acre tract of land, appeal from a summary judgment awarding damages to Appellee, the lessee of the mineral rights. Appellants allege that summary judgment was improperly granted due to their raising fact issues concerning: (1) fraud on the part of Appellee...

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