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NEEL v. HECI EXPLORATION CO.

No. 03-95-00759-CV.

942 S.W.2d 212 (1997)

Russell H. NEEL, Sr.; Russell H. Neel, Jr.; LeRoy K. Neel; and Kathleen Neel Insall, Appellants v. HECI EXPLORATION COMPANY and Browning Oil Company, Inc., Appellees.

Court of Appeals of Texas, Austin.

March 27, 1997.

Attorney(s) appearing for the Case

Harvey F. Cohen, Austin, for Appellants.

Michael E. McElroy, McElroy & Sullivan, L.L.P., Austin, for Appellees.

Before CARROLL, C.J., and JONES and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

We withdraw our previous opinion and judgment issued January 23, 1997 in this cause and substitute the following opinion.

Russell H. Neel, Sr.; Russell H. Neel, Jr.; LeRoy K. Neel; and Kathleen Neel Insall ("the Neels") appeal a take-nothing summary judgment denying their claims against their mineral lessee, HECI Exploration Company, and HECI's successor-in-interest, Browning Oil Company, Inc. The Neels sued HECI to recover a share...

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