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  5. 989 S.W.2d 368 (1998)
 

TARRANT COUNTY v. ENGLISH

No. 2-97-067-CV.

989 S.W.2d 368 (1998)

TARRANT COUNTY, Texas, Appellant. v. Roy ENGLISH and Gayle English, d/b/a Dakota Industries, Apellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 7, 1999.

Attorney(s) appearing for the Case

Shannon, Gracey, Ratliff and Miller, L.L.P., Anne Gardner, Vic Anderson, Jr., Fort Worth, for Appellant.

Haynes and Boone, L.L.P., Matthew D. Goetz, Craig M. Price, Mark Hill, Fort Worth, for Apellees.

Before DAY, LIVINGSTON and RICHARDS, JJ.

OPINION

RICHARDS, Justice.

I. Introduction

Roy English and Gayle English, d/b/a Dakota Industries (collectively, English), sued Tarrant County, Texas (the County) for damages to English's real property. English owned a tract of land adjacent to the County's property. He alleged that spilled diesel fuel migrated from the County's property onto his property and contaminated it, causing him damages. English sought to recover from the County on theories...

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