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HOWARD v. TOTALFINA E & P USA, INC.

Nos. 2003-CA-01600-SCT, 97-CA-01178-SCT.

899 So.2d 882 (2005)

Stephanie HOWARD, Executrix of the Estate of Gerald Donald v. TOTALFINA E & P USA, INC. (Fina Oil and Chemical Company); Murphy Oil USA, Inc.; Arco Oil and Gas Company; Atlantic Richfield; Amoco Production Company; Vintage Petroleum, Inc.; Anadarko Petroleum Corporation (Champlin Petroleum Company-Union Pacific Resources); Exxonmobil; Oryx Energy Corporation; Union Oil Company of California; Bass Enterprises Production Company; Occidental Chemical; Oxy USA., Inc. (Individually and as Successor in Interest to Cities Service Oil & Gas Corporation); Placid Oil Company; Conocophillips; Marathon Oil Company (Individually and as Successor in Interest to TXO Production Corp.); Tenneco Oil Company; Inexco Oil Company; Moon-Hines-Tigrett Operating Company, Inc.; Texaco Inc.; Four Star Oil and Gas Company (as Successor to Getty Oil Company); Chevron U.S.A., Inc.; Chevron Corporation; Shell Western Exploration & Production, Inc.; and Conquest Exploration Company.

Supreme Court of Mississippi.

March 3, 2005.

Attorney(s) appearing for the Case

John W. Boling, Meridian, Michael G. Stag, Stuart H. Smith, New Orleans, LA, attorneys for appellant.

Benjamin Zachary Wise, Julie E. Chaffin, Jackson, Jesse Lee Howell, Steven Craig Panter, Jeffery P. Reynolds, David L. Martindale, Norman Gene Hortman, Jr., Laurel, C. Glen Bush, Thomas R. Hudson, Mark A. Nelson, Hattiesburg, Thomas C. Anderson, Gulfport, attorneys for appellees.

EN BANC.

SMITH, Chief Justice, for the Court.

¶ 1. This is the second time that this case has been before this Court on appeal because of the trial court's dismissal. The owner of the property, Gerald Donald, died, and the property was inherited by his daughter and sole heir, Stephanie Howard. The underlying lawsuit alleged that Fina Oil & Chemical Company, et al. [hereinafter the Fina Group], were responsible for the toxic waste that was dumped on Donald's property...

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