KIEWIT TEXAS MIN. CO. v. INGLISH

No. 10-92-211-CV.

865 S.W.2d 240 (1993)

KIEWIT TEXAS MINING COMPANY, et al., Appellants, v. Edwin C. INGLISH, Jr., et al., Appellees.

Court of Appeals of Texas, Waco.

October 13, 1993.


Attorney(s) appearing for the Case

John R. Breihan, Karen L. Watkins, McGinnis, Lochridge & Kilgore, L.L.P., Austin, Edwin P. Horner (of counsel), Waco, for appellants.

F. Franklin Honea, Payne & Vendig, P.C., Dallas, for appellees.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.


OPINION

THOMAS, Chief Justice.

Edwin Inglish, Jr. and Mary Raine, each acting individually and in their various representative capacities, sued Kiewit Texas Mining Company and Phillips Coal Company, lessees, for wrongfully repudiating a lignite lease in 1989. Kiewit and Phillips operated the lease as a joint venture under the name of Walnut Creek Mining Company. The lease, which had a twenty-five-year primary term, obligated the defendants to pay annual...

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