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BIG WEST OIL CO. v. WILLBORN BROS. CO.

No. 07-90-0152-CV.

836 S.W.2d 800 (1992)

BIG WEST OIL COMPANY, a Delaware Corporation and Flying J Inc., a Delaware Corporation, Appellants, v. WILLBORN BROS. CO., a Texas Corporation, Appellee.

Court of Appeals of Texas, Amarillo.

August 20, 1992.

Attorney(s) appearing for the Case

Garner, Stone & Lovell, P.C., Sam L. Stein, Amarillo, for appellants.

Underwood, Wilson, Berry, Stein & Johnson, P.C., Michael H. Loftin, Mark L. Packard, Amarillo, for appellee.

Before DODSON, BOYD and POFF, JJ.

DODSON, Justice.

Big West Oil Company and Flying J Inc. [collectively referred to as Big West] instituted the instant cause of action against Willborn Bros. Co. [Willborn] alleging it was liable for costs of site assessment and clean up of environmental contamination. Appealing from a summary judgment granted to Willborn, Big West contends the trial court erred in (1) holding that the underground storage tanks were improvements to real property and (2) failing to...

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