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HERMAN v. SHELL OIL CO.

No. 14-01-01024-CV.

93 S.W.3d 605 (2002)

Stan HERMAN, Appellant, v. SHELL OIL COMPANY and Motiva Enterprises, L.L.C., Appellees.

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

November 27, 2002.

Attorney(s) appearing for the Case

Ben A. Baring, Paul J. McConnell III, Houston, for appellant.

Mark S. Finkelstein, Houston, for appellees.

Panel consists of Chief Justice BRISTER and Justices HUDSON and FOWLER.

OPINION ON REHEARING

SCOTT BRISTER, Chief Justice.

In this case we must decide how many gas stations may be fitted on a commercial tract in northwest Houston. Appellant, Stan Herman, appeals from a summary judgment in favor of Shell Oil Company and Motiva Enterprises LLC ("Shell") that allowed only one. We withdraw our previous opinion of October 24, 2002, and issue this opinion in its place affirming that judgment.

The parties through their able...

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