MCZ, INC. v. TRIOLO

No. 01-85-0398-CV.

708 S.W.2d 49 (1986)

MCZ, INC. and Roy L. Turner, Trustee, Appellants, v. Michael J. TRIOLO, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 22, 1986.


Attorney(s) appearing for the Case

Steve Underwood, Houston, for appellants.

C.J. King, Bryan, Fred Lohmeyer, Taylor & Mizell, Dallas, Joseph A. Kornfeld, Hiller, Korfeld & Falik and Garry D. Henderson, Houston, for appellee.

Before JACK SMITH, DUGGAN and HOYT, JJ.


OPINION

DUGGAN, Justice.

This is an appeal from a declaratory judgment determining the rights of the parties with respect to the ownership and the proceeds of production of oil and gas from a 150 acre tract in Brazos County. The trial court's judgment held that a non-participating royalty interest owner was "effectively" pooled into the second of two pooling units (which together covered the entire tract) and was bound by the second unit's pooling agreement...

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