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TXO PRODUCTION CO. v. M.D. MARK, INC.

No. 14-97-00105CV.

999 S.W.2d 137 (1999)

TXO PRODUCTION CO. and Marathon Oil Co., Appellants, v. M.D. MARK, INC., Appellee.

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

Rehearing Overruled August 26, 1999.

Attorney(s) appearing for the Case

Macey Reasoner Stokes, Robert O. Thomas, Houston, for appellants.

Bobbie G. Bayless, Spencer Warren Creed, Houston, for appellees.

Panel consists of Justices YATES, MAURICE E. AMIDEI, and EDELMAN.

CORRECTED OPINION

LESLIE BROCK YATES, Justice.

Our opinion of March 11, 1999 is hereby withdrawn and this opinion substituted.

Appellants, TXO Production Co. ("TXO") and Marathon Oil Co. ("Marathon"), appeal from an order granting summary judgment in favor of appellee, M.D. Mark, Inc. ("Mark"). In five points of error, they contend the trial court erred in (1) ruling as a matter of law that the merger between TXO and Marathon violated the non-disclosure...

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