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SMITH v. L.D. BURNS DRILLING CO.

No. 10-92-245-CV.

852 S.W.2d 40 (1993)

Ronald D. SMITH D/B/A Ouida Oil, et al., Appellants, v. L.D. BURNS DRILLING COMPANY, et al., Appellees.

Court of Appeals of Texas, Waco.

Rehearing Denied April 28, 1993.

Attorney(s) appearing for the Case

Marcus A. Carroll, Ireland, Carroll & Kelley, P.C., Tyler, for appellants.

A.W. Arnold, III, Scott W. MacLaren and Benton J. Barton, Gwinn & Roby, Dallas, for appellees.

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

OPINION

CUMMINGS, Justice.

Ronald Smith, doing business as Ouida Oil, and twenty-five investors under a joint operating agreement filed suit against L.D. Burns Drilling Company and L.D. Burns Drilling Company, Inc. Smith and the investors sought damages arising out of a gas well re-entry and sidetrack drilling program being conducted by Burns under a daywork drilling contract. In their first cause of action, Smith and the investors alleged that Travis Little...

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