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CHEVRON U.S.A. INC. v. KENNEDY

No. 08-90-00322-CV.

808 S.W.2d 159 (1991)

CHEVRON U.S.A. INC., Gulf Oil Corporation, Mobil Producing Texas & New Mexico, Inc., Mobil Exploration and Producing North America, Inc., Union Oil Company of California, Southland Royalty Company, Atlantic Richfield Company, Exxon Corporation, Meridian Oil Inc., Perry R. Bass, Mivida Partnership, Perry R. Bass, Inc., Maralo, Inc., and Erma Lowe, Appellants, v. Ann Richburg KENNEDY and Charlotte Richburg Woodruff, for Themselves and on Behalf of the Class Comprised of all Owners of Royalty and Other Non-Cost Bearing Interests in Production from Lands and Leases Committed to the Quito (Working Interest) Unit in Reeves and Ward Counties, Texas, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled April 17, 1991.

Attorney(s) appearing for the Case

Charles Tighe, Julia E. Vaughan, Cotton, Bledsoe, Tighe & Dawson, Marc L. Skeen, Michael A. Short, William B. Browder, Jr., Stubbeman, McRae, Sealy, Laughlin & Browder, Midland, William G. Solomon, Jesse R. Pierce, Porter & Clements, Houston, Robert C. Grable, Wesley N. Harris, Kelly, Hart & Hallman, Fort Worth, for appellants.

William M. Kerr, Jr., Kerr, Fitz-Gerald & Kerr, Michael T. Morgan, Morgan, Ward & Leeton, P.C., Midland, for appellees.

Ted Collins, Jr., John McFarlane, Dell M. Shettle, L.E. Sawyer, Jr., The Carotex Partnership, Midland, James S. Robertson, Jr., Robertson & Miller, Dallas, Ross Citti, Preston Shirley, Mills, Shirley, Eckel & Bassett, Galveston, for interested parties.

Before OSBORN, C.J., and FULLER and WOODARD, JJ.

OPINION

WOODARD, Justice.

This is an appeal from an order certifying an action as a class action under Tex.R. Civ.P. 42. We affirm.

Under Rule 42, a class action is permissible if: (1) it is so numerous to be impracticable to join all class members; (2) there are common questions of law or fact to the class; (3) the representative parties have claims or defenses typically common to the class; and (4) the representative parties will fairly and adequately...

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