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PHILLIPS NATURAL GAS CO. v. CARDIFF

No. 01-90-00473-CV.

823 S.W.2d 314 (1991)

PHILLIPS NATURAL GAS COMPANY, Appellant, v. John V. CARDIFF, Jr., James L. Cardiff, Robert L. Cardiff, George H. Cardiff, William P. Cardiff, Ella E. Cardiff Kuchenbecker, Individually and as Independent Executrix of the Estate of Don Hall Cardiff, K-B Associates, and Westland Ventures, Appellees.

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

Rehearing Denied February 13, 1992.

Attorney(s) appearing for the Case

Thomas L. Schubert, Lori M. Gallagher, William D. Noel, Houston, for appellant.

Jon L. Tankersley, Stanley B. Binion, Houston, for appellees.

Before DUGGAN, MIRABAL and O'CONNOR, JJ.

OPINION

DUGGAN, Justice.

This is an appeal by Phillips Natural Gas Company (PNG), appellant, from a partial summary judgment granted John V. Cardiff, Jr., et al, appellees, from the denial of a second motion for partial summary judgment by PNG, and from an award of damages by the jury.

In 1975, Seaway Pipeline, Inc. (Seaway) constructed a 500-mile, 30-inch pipeline from Freeport, Texas to Cushing, Oklahoma. By agreement dated March 4, 1976, Seaway...

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