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AIR-AG, INC. v. F & H SANTA FE RAIL, INC.

No. 2-99-324-CV.

22 S.W.3d 596 (2000)

AIR-AG, INC., George Mullino, and Rule Cooperative Gin & Elevator Company, Appellants, v. F & H SANTA FE RAIL, INC., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 13, 2000.

Attorney(s) appearing for the Case

Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P., Douglas G. Caroom, Michelle L. Wurster, Austin, for appellants.

Shannon, Gracey, Ratliff & Miller, L.L.P., Joseph W. Spence, C. Victor Anderson, Daniel C. Steppick, Fort Worth, for appellee.

PANEL A: CAYCE, C.J.; LIVINGSTON, J.; and DAVID F. FARRIS, J. (Retired, Sitting by Assignment).

OPINION

TERRIE LIVINGSTON, Justice.

I. Introduction

In this case we reaffirm the long-standing rule in Texas that a tenant may not challenge its landlord's title. Despite this general rule, however, appellants Air-Ag, Inc., George Mullino, and Rule Cooperative Gin & Elevator Company contend in their first issue that one or more exceptions to the rule apply and, in their second issue, challenge the title of their landlord, F & H Santa Fe...

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