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CHAMBERLAIN v. McREIGHT

No. 09-85-239 CV.

713 S.W.2d 372 (1986)

James R. CHAMBERLAIN, Appellant, v. John McREIGHT, Individually and d/b/a Cabot Oil & Gas Corporation, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied June 18, 1986.

Attorney(s) appearing for the Case

Rand A. Mintzer, Schechter, Eisenman & Solar, Houston, for appellant.

Paul W. Gertz, Orgain, Bell & Tucker, Bill Quick, Weller, Wheelus & Green, Beaumont, for appellee.

OPINION

BURGESS, Justice.

This is a summary judgment case. On January 14, 1985, James R. Chamberlain filed suit styled "James R. Chamberlain v. John McReight, individually and d/b/a Cabot Oil Company" and titled "Plaintiff's Original Petition". The initial portion of the pleadings stated:

"COMES NOW, JAMES R. CHAMBERLAIN, after referred to as Plaintiff, complaining of John McReight CABOT OIL COMPANY, hereinafter referred to as Defendant, and for...

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