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MAPCO, INC. v. CARTER

No. 09-88-198 CV.

808 S.W.2d 262 (1991)

MAPCO, INC., et al., Appellants, v. Clarence CARTER, et al., Appellees.

Court of Appeals of Texas, Beaumont.

Dissenting Opinion April 25, 1991.

Rehearing Denied May 9, 1991.

Attorney(s) appearing for the Case

Ben Taylor, Lee A. Hunnell, Roger Townsend, Fulbright & Jaworski, Houston, Tex., J.C. Zbranek, Zbranek & Hight, P.C., Liberty, Tex., Royce M. Parr, General Counsel, Mid-America Pipeline Co., Tulsa, Okl., for appellants.

Tom F. Coleman, Jr., Thomas Lee Bartlett, Coleman, Bartlett & Associates, Houston, Tex., for appellees.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

BROOKSHIRE, Justice.

OPINION ON REMAND

Appeal from a judgment ordering partition and making an award of owelty in the partition of a fee mineral estate.

Partial Background History

Clarence Carter, James Ross Carter and Clyde Carter brought a cause of action against Mapco Underground Storage of Texas, Inc. ("M.U.S.T.") and Texasgulf, a private corporation, for the equitable proceeding of partitioning of the fee mineral estate owned...

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