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  5. 898 S.W.2d 786 (1995)
 

PLAINSMAN TRADING CO. v. CREWS

No. 94-0641.

898 S.W.2d 786 (1995)

PLAINSMAN TRADING COMPANY et al., Petitioners, v. Thomas W. CREWS, Sr. and Dorothy Crews, Respondents.

Supreme Court of Texas.

Decided May 11, 1995.

Rehearing Overruled June 8, 1995.

Attorney(s) appearing for the Case

John H. Burris, Alice, Timothy Patton, San Antonio, Kenneth R. Hannam, Corpus Christi, for petitioner.

J. W. Cooper, Jr., J.A. Canales, Corpus Christi, for respondents.

HIGHTOWER, Justice, delivered the opinion of the Court, in which PHILLIPS, C.J., and GONZALEZ, HECHT, CORNYN, ENOCH, SPECTOR, and OWEN, JJ., join.

In this declaratory judgment action, we must decide whether the surface destruction test applies to a non-participating royalty interest created prior to June 8, 1983. Because a non-participating royalty is an interest in property which is carved only from the mineral estate, and because the disputed uranium in this case...

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