SCHNEIDER NAT. CARRIERS, INC. v. BATES

No. 03-0236.

147 S.W.3d 264 (2004)

SCHNEIDER NATIONAL CARRIERS, INC. et al., Petitioners, v. Andrea L. BATES et al., Respondents.

Supreme Court of Texas.

October 1, 2004.


Attorney(s) appearing for the Case

John Dixon Walker, Michael P. Cash, Cash Allen L.L.P., James Edward Smith, Beirne, Maynard & Parsons, L.L.P., Amy Douthitt Maddux, Michael L. Brem, F. Walter Conrad Jr., and Karlene D. Poll, Baker Botts LLP, William Howard Farrell, Cotton Farrell, P.C. and James M. Riley Jr., Coats Rose Yale Holm Ryman & Lee, Houston, Guy M. Hohmann, Hohmann Taube & Summers, L.L.P., Austin, Marvin B. Peterson and Ron T. Capehart, Law Office of Marvin B. Peterson, Houston, for petitioners.

Allen Eli Bell and John B. Turney, Bell, Turney, Coogan & Richards, L.L.P., Austin, Nova Carlene Rhodes and Shelly Ann Sanford, Goforth, Lewis & Williams, Carlene Rhodes Lewis, Goforth Lewis Sanford LLP, Houston, for respondents.


Justice BRISTER delivered the opinion of the Court.

This is one of several multi-party suits by residents living near the Houston Ship Channel complaining of conditions created by industrial plants nearby. Because the residents' own complaints show the conditions have existed for many years, the trial court granted summary judgment based on limitations. The court of appeals reversed, finding a fact question on whether the...

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