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IN RE DISCOVERY OPERATING, INC.

No. 11-06-00301-CV.

216 S.W.3d 898 (2007)

In re DISCOVERY OPERATING, INC.

Court of Appeals of Texas, Eastland.

February 15, 2007.

Attorney(s) appearing for the Case

Deborah Essig Taylor, Brewer & Pritchard, P.C., Houston, James V. Hammett, Lampasas, for appellant.

Rodney Satterwhite, Pat Long Weaver, Stubbeman, McRae, Sealy, Laughlin & Browder, Inc., Midland, Brian Roger Sullivan, McElroy, Sullivan & Miller, LLP, Austin, for real party in interest.

Panel consists of WRIGHT, C.J., McCALL, J., and McCLOUD, S.J.

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

Discovery Operating, Inc. filed suit against BP America Production Company for damages arising from BP's use of two saltwater injection wells in the vicinity of Discovery's oil and gas lease. Discovery asserted claims for negligence, negligence per se, and common law and statutory waste.1 Discovery alleged that BP had violated its injection-well permits and the rules and regulations...

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