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HERITAGE RESOURCES, INC. v. NATIONSBANK

No. 95-0515.

960 S.W.2d 619 (1997)

HERITAGE RESOURCES, INC., Petitioner, v. NATIONSBANK, Co-Trustee under the will of David B. Trammell, deceased et al., Respondents.

Supreme Court of Texas.

Decided March 21, 1997.

Dissenting Opinion to Original Opinion of April 25, 1996.

Rehearing of Cause Overruled March 21, 1997.

GONZALEZ, Justice, joined by CORNYN, SPECTOR, and ABBOTT, Justices, dissenting on motion for rehearing.

The contract at issue clearly denotes the parties' intent that "there shall be no deductions from the value of Lessor's royalty by reason of any ... cost of ... transportation." The Court's unprecedented refusal to enforce the contract as written has generated quite a controversy. Since our original opinions issued on April 25, 1996, the following educational institutions...

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