DODDY v. OXY USA, INC.

No. 95-21023 Summary Calendar.

101 F.3d 448 (1996)

Robin Ray DODDY; Jeanette W. Doddy, Plaintiffs-Appellants, v. OXY USA, INC.; Occidental Petroleum Corporation; Petrolite Corporation; Treatolite-Petrolite Company; Treatolite Chemicals; Nalco Chemical Co., also known as Nalco Chemical Company Inc.; Bolt Fuel Oil Company Inc.; Pride Petroleum Services, also known as Pride Petroleum Services Inc.; Baker Hughes Incorporated, also known as Baker Hughes Incorporated; Baker Hughes Oil Field Operation Inc., formerly known as Baker Hughes Production Tools; Baker Performance Chemicals Inc.; Baker Performance Chemicals; Baker Performance Chemicals Incorporated; Pool Well Servicing, also known as Pool Company (Texas) Inc.; The Western Company, also known as Western Company of North America; Halliburton Company, also known as Halliburton Special Products, also known as Halliburton Services; Ancor Services Inc., also known as ASI Inc., also known as ASI; Billy Don Thomas, Individually and as Agent; Mark D. Johnson, Individually and as Agent; Paul Painter, Individually and as trustee; Central Title Company; Hart Engineering Company; Pool Well Servicing; Pool Company (Texas) Inc.; Halliburton Services; Halliburton Special Products; Pride Petroleum Services Inc., Defendants-Appellees, Trident NGL Inc., Movant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 18, 1996.


Attorney(s) appearing for the Case

Robert D. Rapp, Houston, TX, Joe Waylon Stuckey, Houston, TX, for plaintiffs-appellants.

James E. Essig, D. Mitchel McFarland, Michael G. Walker, Liddell, Sapp, Zivley, Hill & LaBoon, Houston, TX, for Oxy USA, Inc., Occidental Petroleum Corp. and Trident NGL Inc.

John Patrick Cahill, Jr., Mark Joseph Courtois, Funderburk & Funderburk, Houston, TX, for Petrolite Corp., Treatolite-Petrolite Co. and Treatolite Chemicals.

D. Dudley Oldham, Reagan Mark Brown, Rachel S. Giesber, Fulbright & Jaworski, Houston, TX, for Nalco Chemical Co. aka Nalco Chemical Company Inc., defendant-appellee.

Charmaine Aarons Holder, Alton J. Hall, Jr., Wickliff & Hall, Houston, TX, for Bolt Fuel Oil Company Inc., Ancor Services Inc., Central Title Co. and Hart Engineering Co.

William J. Mays, Houston, TX, for Pride Petroleum Services aka Pride Petroleum Services Inc., defendant-appellee.

James E. Essig, Charlie E. Baumann, Richard W. Staff, Liddell, Sapp, Zivley, Hill & LaBoon, Houston, TX, for Baker Hughes Inc., Baker Hughes Oil Field Operation Inc., Baker Performance Chemicals Inc., Baker Performance Chemicals and Baker Performance Chemicals Incorporated.

David Wilks Corban, Fulbright & Jaworski, Houston, TX, for Pool Well Servicing aka Pool Company (Texas) Inc., defendant-appellee.

Gregory Paul Crinion, Jackson & Walker, Houston, TX, for The Western Company aka Western Company of North America, defendant-appellee.

G. Byron Sims, Christopher Andrew Kesler, Brown, Sims, Wise and White, Houston, TX, for Halliburton Company aka Halliburton Special Products aka Halliburton Services, defendant-appellee.

Richard Francis Hightower, Brown, McCarroll, Oaks and Hartline, Houston, TX, Thomas John Ward, Brown, McCarroll, Oaks and Hartline, Longview, TX, for Painter.

Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Plaintiffs Robin Ray Doddy and Jeanette W. Doddy sued a number of defendants1 whom they claimed owned, operated, or maintained an active oil and gas well — the McKinley "E" Lease Well No. 14 ("the well") — located near their home. The Doddys alleged that they had suffered property damage and personal injuries from toxic chemicals emanating from the...

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