DeMOSS, Circuit Judge:
I. FACTS AND PROCEDURAL HISTORY
In 1986, defendants Phillips Petroleum Company and Phillips 66 Company (collectively Phillips) sought to expand their refinery. To do so, it was necessary that homeowners living on leased land around the refinery move. To accommodate those who were moving, Phillips developed a residential subdivision, known as the Golf Course Addition, near Borger, Texas. Phillips offered to sell lots in this subdivision...
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