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SHOREHAM OIL & GAS CO., INC. v. STATE

No. 03-07-00384-CV.

260 S.W.3d 249 (2008)

SHOREHAM OIL & GAS COMPANY, INC., A South Dakota, USA Foreign Business Corporation, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

July 25, 2008.

Attorney(s) appearing for the Case

Kenneth D. Kuykendall, Royston, Rayzor, Vickery & Williams, LLP, Houston, for appellant.

David Randell, Asst. Atty. Gen., Austin, for State.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

The State of Texas brought an action against Shoreham Oil & Gas Company, Inc. to recover state funds expended by the Railroad Commission of Texas in plugging a gas well. The district court granted the State's motion for partial summary judgment, finding Shoreham was the operator of the well as a matter of law during the relevant time period. Based on the partial summary...

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