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STATE v. DURHAM

No. D-0992.

860 S.W.2d 63 (1993)

STATE of Texas, Petitioner, v. Lynn D. DURHAM and Clarence Scharbauer, Trustees Under the Will of Fred Turner, Respondents.

Supreme Court of Texas.

March 31, 1993.

Attorney(s) appearing for the Case

Dan Morales, Jose Manuel Rangel, David R. Richards, Philip Durst, Priscilla M. Hubenak, Liz Bills, Austin, for petitioner.

Cecil E. Munn, Fort Worth, Barry N. Beck, Midland, Ed Small, Austin, H. Carter Burdette, Fort Worth, Robert C. Bledsoe, Midland, Sloan B. Blair, Fort Worth, Gene McCoy, Fletcher L. Yarbrough, Dallas, Jack D. Maroney, Austin, Charles L. Tighe, Corby Considing, Julia E. Vaughan, Midland, and C.C. Small, Jr., Austin, for respondents.

OPINION

GONZALEZ, Justice.

In this oil and gas case, the State seeks to impose fiduciary duties on surface owners of permanent school fund lands. The State filed suit against several individuals and entities seeking damages and a constructive trust under the Relinquishment Act of 1934.1 It alleged that there existed a conspiracy to defraud the State of its share of royalties from oil and gas deposits which underlie permanent...

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