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ENSERCH EXPLORATION, INC. v. GARDNER

No. 11-91-113-CV.

836 S.W.2d 739 (1992)

ENSERCH EXPLORATION, INC., Appellant, v. H.J. GARDNER and wife, Louise Gardner, Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Denied August 20, 1992.

Attorney(s) appearing for the Case

Susan Laurea, Thomas M. Callan, Dallas, for appellant.

Henry L. McGee, Jr., Tyler, for appellees.

OPINION

McCLOUD, Chief Justice.

This is a suit for surface damages to land caused by the drilling and completion of an oil and gas well. At the time the well was drilled, H.J. Gardner and Louise Gardner owned only the surface rights in an 89.4acre tract of land. When they objected to the proposed location of the well, Enserch Exploration, Inc., the oil and gas lessee, secured a temporary restraining order and drilled the well. The Gardners lost title to...

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