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COASTAL CORP. v. GARZA

No. 96-1208.

979 S.W.2d 318 (1998)

The COASTAL CORPORATION, Coastal Holding Corporation, CIC Industries, Inc., Coastal States Crude Gathering Co., Coastal Refining & Marketing, Inc., Javelina Company, and American Chrome & Chemicals, Inc., Petitioners, v. Jorge GARZA, et al., Respondents.

Supreme Court of Texas.

Decided July 14, 1998.

Rehearing Overruled September 24, 1998.

Attorney(s) appearing for the Case

Tom Hermansen, Carlos Villarreal, Corpus Christi, William Powers, Jr., Austin, S. Shawn Stephens, Michael M. Gibson, Houston, R. Scott Hogarty, The Woodlands, Jeffrey K. Sherwood, Washington, DC, Kevin F. Risley, N. Terry Adams, Jr., Houston, Joseph A. Cohn, Corpus Christi, Carla J. Bishop, Mark J. Tempest, Lynne Liberato, Houston, Samuel Issacharoff, Austin, for Petitioners.

Stuart Jonathan Dow, Dennis C. Reich, J. Hoke Peacock, III, Richard B. Drubel, Houston, Robert C. Hilliard, Corpus Christi, H. Lee Godfrey, Houston, Jeanette Cantu-Bazar, Corpus Christi, James H. Miller, Houston, Steve T. Hastings, Corpus Christi, Robert J. Binstock, Shari A. Wright, Houston, Alverto R. Huerta, Corpus Christi, for Respondents.

ENOCH, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, SPECTOR, BAKER and ABBOTT, Justices, join.

This is an interlocutory appeal from a class-certification order. Residential property owners in Corpus Christi sued several chemical manufacturers and commercial facility owners for property damage from alleged long-term emissions of contaminants. The trial court certified two main classes, each with several subclasses. The court of

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