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EXXON CORP. v. TYRA

No. 12-01-00327-CV.

127 S.W.3d 12 (2003)

EXXON CORPORATION d/b/a Exxon Company, U.S.A., Appellant, v. B.R. TYRA, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled August 4, 2003.

Attorney(s) appearing for the Case

M. Keith Dollahite, Hardy, Atherton, Dollahite & Ritcheson, P.C., Tyler, for appellant.

Ron Adkison, Wellborn, Houston, Adkison, Mann & Sadler & Hill, L.L.P., Henderson, for appellee.

Gregory W. Abbott, for respondent.

Claude R. Turner, for relator.

Panel consisted of WORTHEN, C.J. and GRIFFITH, J.

OPINION

JAMES T. WORTHEN, Chief Justice.

Exxon Corporation appeals from the trial court's judgment, entered on the jury's verdict, in favor of Appellee B.R. Tyra in Tyra's suit for injury to his land. Exxon assails the judgment in twelve issues. Because Exxon is entitled to judgment as a matter of law, we reverse and render judgment that Tyra take nothing.

BACKGROUND

Tyra bought some land in Rusk County in November 1973. Beginning...

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