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STATE v. DURHAM

No. 3-90-071-CV.

804 S.W.2d 312 (1991)

STATE of Texas, Appellant, v. Lynn D. DURHAM and Clarence Scharbauer, Jr., Trustees Under the Will of Fred Turner, Jr. and Juliette Turner, Deceased, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 13, 1991.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Jose Manuel Rangel, Asst. Atty. Gen., David R. Richards, Richards, Wiseman & Durst, Austin, for appellant.

Corby Considine, Cotton, Bledsoe, Tighe & Dawson, Midland, for Lynn D. Durham, et al.

Cecil E. Munn, Cantey & Hanger, Fort Worth, for The Cantey, Hanger & McMahon appellees.

Ed Small, Small, Craig & Werkenthin, Austin, for The Collard Heirs.

Linda M. Hood, Fletcher L. Yarbrough, Carrington, Coleman, Sloman & Blumenthal, Dallas, for James Hunt and Nancy Hunt Powell.

Before CARROLL, C.J., and POWERS and GAMMAGE, JJ.

CARROLL, Chief Justice.

The State sued the successors of a Relinquishment Act1 landowner and his colleagues for the profits obtained from an oil and gas transaction which occurred more than half a century ago. The district court granted summary judgment against the State. We will affirm.

BACKGROUND

This case involves the State's attempt to impose fiduciary duties on the Relinquishment...

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