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EXXON CORP. v. MAKOFSKI

No. 14-00-00763-CV.

116 S.W.3d 176 (2003)

EXXON CORPORATION, Appellant and Cross-Appellee, v. James MAKOFSKI, Sr., as Next Friend of James Makofski, Jr.; Barton Russell, as Next Friend of John Russell; Andrea Russell; San Juanita Devora; Felipe Devora; and Codi Stennett, Appellees and Cross-Appellants.

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

Rehearing Overruled October 23, 2003.

Attorney(s) appearing for the Case

Clinard J. Hanby, Spring, Pamela Stanton Baron, for appellant.

John O'Quinn, Robert Alan York, David Holman, W. Mark Lanier, Houston, for appellees.

Panel consists of Chief Justice SCOTT BRISTER and Justices EDELMAN and SEYMORE.

MAJORITY OPINION

SCOTT BRISTER, Chief Justice.

Among the hundreds of wells drilled in the Tomball Field northwest of Houston in the 1930s, one was found to be leaking oil and gas into an underground aquifer in 1939. Humble Oil & Refining Company attempted to recover the lost hydrocarbons by "backflowing" the well for almost two years.

Forty years later and a half mile to the southeast, a water well was drilled for the Three Lakes subdivision...

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