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SILVER OIL & GAS, INC. v. EOG RESOURCES

No. 04-06-00072-CV.

246 S.W.3d 197 (2007)

SILVER OIL & GAS, INC., Appellant, v. EOG RESOURCES, INC. and TEMA Oil & Gas Company, Appellee.

Court of Appeals of Texas, San Antonio.

November 28, 2007.

Attorney(s) appearing for the Case

Michael E. McElroy, Thomas M. Weber, McElroy, Sullivan & Miller, L.L.P., Austin, TX, Greg Gossett, Gossett, Harrison, Reese, Wilson, Woodward & Millican, San Angelo, TX, Haygood Gulley, Doran, Gulley & Etzel, Del Rio, TX, for Appellant.

Terry Rhoads, Michael J. Willson, Doug Bryant, Michel E. Curry, Cotton, Bledsoe, Tighe & Dawson, P.C., Midland, TX, Charles J. Wittenburg, Hay, Wittenburg, Davis, Caldwell & Bale, L.L.P., San Angelo, TX, for Appellee.

Sitting: ALMA L. LOPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by ALMA L. LOPEZ, Chief Justice.

Silver Oil & Gas, Inc. appeals the trial court's judgment establishing the final boundary line between Survey 9 and Survey 10, Block Q5, T.C.R.R. Co. Survey. Silver contends that the trial court erred by: (1) adopting a construction that impermissibly shortens a senior survey; (2) failing to locate the surveys in question from the nearest established corner; (3) locating the surveys from an unmarked prairie...

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