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UNION PACIFIC RESOURCES GROUP v. HANKINS

No. 01-0836.

111 S.W.3d 69 (2003)

UNION PACIFIC RESOURCES GROUP, INC., Union Pacific Oil & Gas Co., Union Pacific Resources Co., Peach Ridge Pipeline Company, L.P., Duke Energy Fuel, Inc., Rio Bravo Gas Systems, L.L.C. & Duke Energy Southwest Ozona Plant, L.L.C., Petitioners, v. Lowell F. HANKINS, The Ada L. Pierce Testamentary Trust & The Victor Lenore Pierce Miller Trust, Respondents.

Supreme Court of Texas.

Decided July 3, 2003.

Rehearing Denied August 21, 2003.

Attorney(s) appearing for the Case

David M. Gunn, Beck Redden & Secrest, L.L.P., R. Doak Bishop, King & Spaulding LLP, Sashe D. Dimitroff, Clements O'Neill Pierce Wilson Fulerson, Houston, Steven C. Kiser, Harper Estes, Lynch Chappell & Alsup, P.C., Midland, Roger Townsend, Alexander Dubose Jones & Townsend, Houston, for Petitioner.

Levon G. Hovnatanian, Martin Disiere Jefferson & Wisdom, L.L.P., James L. Reed, Jr., James J. Ormiston, Looper Reed & McGraw, P.C., Robert Herring, Fleming & Associates, L.L.P., Houston, for Respondent.

Chief Justice PHILLIPS delivered the opinion of the Court.

In this case, we must determine whether a proposed class meets the requirements for class certification under Texas Rule of Civil Procedure 42. The trial court certified a class consisting of gas royalty owners in Crockett County who claim that lessees breached an implied duty to "obtain the best current price reasonably obtainable." The court of appeals affirmed. 51 S.W.3d 741...

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