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HICKS v. HUMBLE OIL AND REFINING CO.

No. 14-97-00277-CV.

970 S.W.2d 90 (1998)

Florence HICKS, Individually and as Surviving Spouse of, and for the Houston Hicks Estate, et al., Appellants, v. HUMBLE OIL AND REFINING COMPANY, Exxon Corporation and Exxon Corporation, d/b/a Exxon Company USA, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled June 11, 1998.

Attorney(s) appearing for the Case

Alton C. Todd, Charles M. Jordan, Houston, Otto D. Hewitt, III, Alvin, for appellants.

Gregory T. Kenney, Lonnie L. Johnson, Scott Rothenberg, Houston, for appellees.

Before YATES, AMIDEI and FOWLER, JJ.

OPINION

AMIDEI, Justice.

Appellants (Hicks) appeal from a summary judgment for appellee (Exxon) in a damage suit. In three points of error, appellants contend the trial court erred in granting summary judgment because Exxon's summary judgment evidence was insufficient and there are genuine issues of material fact preventing summary judgment. We affirm.

I. BACKGROUND.

Exxon bought a 45 acre tract in Webster in 1921 and dug two...

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