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KEY OPERATING & EQUIPMENT, INC. v. HEGAR

No. 01-10-00350-CV.

403 S.W.3d 318 (2013)

KEY OPERATING & EQUIPMENT, INC., Appellant v. Will HEGAR and Loree Hegar, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Dissenting Opinion on Rehearing March 7, 2013.

Attorney(s) appearing for the Case

Bryan Franklin Russ Jr. , Molly A. Hedrick , Palmos, Russ, McCullough & Russ, L.L.P., Hearne, TX, for Appellant.

Mark C. Harwell , Cotham, Harwell & Evans, Houston, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices SHARP and BROWN.

OPINION ON REHEARING1

HARVEY BROWN, Justice.

A mineral estate owner has an implied easement for reasonable use of the surface estate in developing and extracting the minerals below. In this appeal, we decide what happens when a mineral estate owner, Key Operating & Equipment, Inc., wants to use that easement to extract minerals from several mineral estates that it pooled together after the surface estate was severed...

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