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BURKE v. UNION PACIFIC RESOURCES CO.

No. 06-02-00183-CV.

138 S.W.3d 46 (2004)

Russell BURKE and Wife, Lori Burke, and Bob Anderson, as Chapter 7 Bankruptcy Trustee, Appellants v. UNION PACIFIC RESOURCES COMPANY, N/K/A Anadarko E & P Company, Palestine Water Well Service, Inc. and Jere Pritchett, Appellees. Union Pacific Resources Company, N/K/A Anadarko E & P Company, Appellant v. Russell Burke and Wife, Lori Burke, and Bob Anderson, as Chapter 7 Bankruptcy Trustee, Palestine Water Well Service, Inc. and Jere Pritchett, Appellees.

Court of Appeals of Texas, Texarkana.

Decided April 16, 2004.

Opinion Overruling Rehearing June 9, 2004.

Attorney(s) appearing for the Case

Ron Adkison Wellborn, Houston, et al., Henderson, and John R. Mercy, Mercy, Carter & Tidwell, LLP, Texarkana, TX, for Russell Burke & wife Lori Burke.

David M. Gunn, Beck, Redden & Secrest, LLP, Houston, Michael G. Carroll, Michael G. Carroll, PC, Tyler, for Union Pacific Resources Company (n/k/a Anadarko E & P Company).

Daniel F. Dean, Dean Coe & Associates, PC, Palestine, for Palestine Water Well Service, Inc. and Jere Pritchett.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice CARTER.

In the fall of 1997, Union Pacific Resources Company (UPRC) conducted a seismic survey consisting of most of Rusk County. After the survey had been conducted, Russell and Lori Burke noticed their recently drilled water well was producing an excessive amount of sand. The sand caused decreased weight gain on their feedlot cattle and caused over 1,000 of the cattle to die. After...

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