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UNION PACIFIC RESOURCES GROUP v. NEINAST

No. 01-00-00006-CV.

67 S.W.3d 275 (2001)

UNION PACIFIC RESOURCES GROUP, INC., Union Pacific Resources Company, Duke Energy L.P., f/k/a Union Pacific Fuels, Inc., Union Pacific Austin Chalk Company, and Union Pacific Oil and Gas Company, Appellants, v. Russell NEINAST, W.J. Bowen, Jr., and Vilette Finke, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion Dissenting to Denial of Reconsideration March 7, 2002.

Attorney(s) appearing for the Case

W. Stephen Rodgers, Bryan, Robert E. Davis, Dallas, Neil D. Kelly, Houston, Mary Ann Joerres, Jeffrey Charles King, Dallas, Andrew Harper Estes, Midland, C. Kelvin Adams, Bryan, David M. Gunn, Houston, for appellants.

R.Hal Moorman, Brenham, Robert R. Herring, James J. Ormiston, Levon G. Hovnatanian, Houston, for appellees.

Panel consists of Justices COHEN, TAFT, and PRICE.

Opinion Dissenting to Denial of En Banc Reconsideration March 7, 2002.

OPINION

TAFT, Justice.

This is an interlocutory appeal from an order certifying a class of plaintiffs, which class includes appellees, Russell Neinast, W.J. Bowen, Jr., and Villette Finke, under rule 42 of the Texas Rules of Civil Procedure. Tex. R. Civ. P. 42; Tex. Civ. Prac. & Rem.Code Ann. § 5.014(a)(3) (Vernon Supp. 2001). The trial court defined the class as

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