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TAYLOR v. GWR OPERATING CO.

No. 01-90-01087-CV.

820 S.W.2d 908 (1991)

Thomas J. TAYLOR d/b/a Tom Taylor and Associates, Appellant, v. GWR OPERATING COMPANY, a Texas Corporation, Appellee.

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

Rehearing Denied December 19, 1991.

Attorney(s) appearing for the Case

Michael B. Watson, Abilene, for appellant.

Hugh P. Touchy, Richard L. Ellison, Ronald G. Byrnes, Houston, for appellee.

Before SAM BASS, O'CONNOR and WILSON, JJ.

OPINION

O'CONNOR, Justice.

This Court is asked to determine three questions. Is a nonoperating interest owner a "consumer" for purposes of the Deceptive Trade Practices Act? No. Does an operating interest owner owe a fiduciary duty to a nonoperating interest owner? Yes, if there is a joint venture between them. Does a duty of good faith and fair dealing, owed under a joint operating agreement, give rise to a separate cause of action for breach of that duty...

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