SHELL CORTEZ PIPELINE COMPANY, Shell CO Company, Ltd. n/k/a Kinder Morgan CO Company, L.P., Shell Oil Company, Shell Western E & P Inc., SWEPI LP, Mobil Oil Corporation, Mobil Producing Texas & New Mexico, Inc., and Mobil Cortez Pipeline, Inc., Appellants,
v.
Gary H. SHORES, John W. Barfield, and Frank Gibson, in their Representative Capacities as Co-Trustees of the Alicia L. Bowdle Trust, William G. Kemp and Marie J. Bench, in their Representative Capacities as Co-Trustees of the Bernard M. Bench Family Trust, Bonnie Lynn Whiteis, Individually, William C. Armor, Jr., Individually, and Gary H. Shores, in his Representative Capacity as Administrator with Will Annexed of the Estate of Margaret Bridwell Bowdle, Deceased, Appellees.
Court of Appeals of Texas, Fort Worth.https://leagle.com/images/logo.png
January 8, 2004.
January 8, 2004.
Attorney(s) appearing for the Case
Griffin, Whitten, Jones & Reib, Michael J. Whitten, Denton, McGinnis, Lochridge & Kilgore, L.L.P., Brian S. Engel, Marc O. Knisely, Richard Kelley, Akin Gump Strauss Hauer & Feld, L.L.P., Shannon H. Ratliff, Austin, Exxon Mobil Corp., Jack Balagia, Taylor Snelling, Houston, for appellants Mobil.
Wood, Thacker & Weatherly, P.C., R. William Wood, Grace Weatherly, Denton, Vinson & Elkins, L.L.P., Andrew McCollam III, Phillip B. Dye, Jr., Gwen J. Samora, Alan B. Daughtry, Jennifer H. Davidow, Houston, for appellants Shell.
McKool Smith, Gary Cruciani, Charles Cunningham, Robert M. Manly, Rader & Campbell, Donovan Campbell Jr., Robert E. Rader, Jr., Lalon C. Peale, Hartnett Law Firm, James J. Hartnett, Jr., Will F. Hartnett, Robert B. Perry, Dallas, Robison & Robison, Douglas M. Robison, Denton, Ikard & Golden, P.C., Frank Ikard, Austin, for appellees.
PANEL A: CAYCE, C.J.; WALKER, J.; and SAM J. DAY, J. (Retired, Sitting by Assignment).
Court of Appeals of Texas, Fort Worth.
OPINION
SUE WALKER, Justice.
I. INTRODUCTION
Two groups of Appellants, the Mobil defendants1 (collectively referred to as "Mobil") and the Shell defendants2 (collectively referred to as "Shell") bring interlocutory appeals from a class certification order entered by the statutory probate court of Denton County. See Tex. Civ. PRAC. & REM.CODE ANN. § 51.014 (Vernon Supp.2004...
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