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NRG EXPLORATION, INC. v. RAUCH

No. 03-94-00634-CV.

905 S.W.2d 405 (1995)

NRG EXPLORATION, INC., Appellant, v. Frank E. RAUCH, Cleo Rauch, and R & R Resources, Inc., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 13, 1995.

Attorney(s) appearing for the Case

Harvey F. Cohen, Austin, for appellant NRG Exploration, Inc.

Charles W. Kennedy, Jr., Houston, for appellee R & R Resources.

David T. Altenbern, Houston, for appellee Frank Rauch and Cleo Rauch.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

ON MOTION FOR REHEARING

CARROLL, Chief Justice.

This Court's opinion and judgment of July 12, 1995 are withdrawn, and the following opinion and judgment are substituted. This oil and gas lease dispute between appellant NRG Exploration ("NRG") and Frank and Cleo Rauch, appellees, comes before us a second time. In NRG Exploration, Inc. v. Rauch, 671 S.W.2d 649 (Tex.App.—Austin 1984, writ ref'd n.r.e.) ("

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