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BURNS v. EXXON CORP.

Civ. A. No. C-85-47.

892 F.Supp. 914 (1995)

Mary Drucilla McGill BURNS, et al., Plaintiffs, v. EXXON CORPORATION, Defendant, v. FIRST CITY BANK, Trustee, Under Trust Agreement Dated October 19, 1981 For Benefit of Scott McGill, Jr., et al., Intervenor-Plaintiffs, v. EXXON CORPORATION, Defendant.

United States District Court, S.D. Texas, Corpus Christi Division.

April 11, 1995.

Attorney(s) appearing for the Case

William Key Wilde, Bracewell & Patterson, Houston, TX, for plaintiffs Mary Drucilla McGill Burns, Kathleen McGill Enyart, Alice Ann McGill Erck, Frederick Erck, Alice Adams McGill, Ester D. McGill, Scott McGill, Francis Claudia McGill Stewart, Linda Jane McGill Weakley.

Richard W. Harrison, Jones Day Reavis & Pogue, Austin, TX, Barry L. Wertz, McGinnis Lockridge & Kilgore, Houston, TX, for defendant Exxon Corp.

MEMORANDUM AND ORDER

KAZEN, District Judge.

Pending before the Court is Exxon's opposed Motion for Summary Judgment Regarding the Applicability of the Processing Agreement. In 1992, Plaintiffs sought leave to file a cross-motion for partial summary judgment on the same issue. The request was represented to be unopposed, and since then the parties have apparently assumed that the cross-motion is pending. There being no record that leave was ever granted...

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