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CAPITAN ENTERPRISES, INC. v. JACKSON

No. 08-93-00309-CV.

903 S.W.2d 772 (1994)

CAPITAN ENTERPRISES, INC., West Texas Water Supply, and Great Plains Water Systems, Inc., Appellants, v. Darrell JACKSON, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled March 1, 1995.

Attorney(s) appearing for the Case

Carol Barry, Jeff Armstrong, Kuperman, Orr, Mouer & Albers, Austin, for appellants.

Kevin B. Jackson, Andrews, James L. Musselman, Houston, for appellee.

Before BARAJAS, C.J., and LARSEN and McCOLLUM, JJ.

OPINION

LARSEN, Justice.

This appeal stems from a judgment in favor of plaintiff Darrell Jackson, in which he was awarded 5% of gross billings of defendants Capitan Enterprises, Inc. and its subsidiaries West Texas Water Supply and Great Plains Water Systems, Inc. for salt water oilfield flooding. We reverse and render.

FACTS

In the early 1970's, plaintiff Darrell Jackson and members of his family owned Andrews Industrial...

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