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BAY ROCK OPERATING v. ST. PAUL SURPLUS

No. 04-08-00180-CV.

298 S.W.3d 216 (2009)

BAY ROCK OPERATING COMPANY, Appellant/Cross-Appellee, v. ST. PAUL SURPLUS LINES INSURANCE CO., as Subrogee and Real Party in Interest for Hollimon Oil Corp., and Feliciana Corp., Duncan Underwood, Everett Desha, and Seeligson Oil Company, Ltd., Appellees/Cross-Appellants.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled May 20 and June 24, 2009.

Attorney(s) appearing for the Case

Ronald E. Mendoza, Bryan P. Marshall, Davis, Cedillo & Mendoza, Inc., Sharon E. Callaway, Rebecca S. Smith, Thomas H. Crofts, Jr., Crofts & Callaway, P.C., San Antonio, TX, Micheal L. Darrah, E. Edd Pritchett, Jr., Durbin, Larimore & Bialick, Oklahoma City, OK, for Appellant.

Karen K. Milhollin, George H. Lugrin, IV, Jeffrey E. Fahys, Westmoreland Hall, P.C., Houston, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

St. Paul Surplus Lines Insurance Company ("St. Paul") sued Bay Rock Operating Company ("Bay Rock") in the name of, and as subrogee of, its insured, well operator Hollimon Oil Corporation ("Hollimon"). The suit alleged that Bay Rock committed negligence, gross negligence and breach of contract in planning and supervising the drilling of the Striebeck No. 1 Well, located in Live Oak County, Texas, which resulted...

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