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DERNICK RESOURCES, INC. v. WILSTEIN

No. 01-07-00491-CV.

312 S.W.3d 864 (2009)

DERNICK RESOURCES, INC., Appellant, v. David WILSTEIN and Leonard Wilstein individually and as Trustee, Appellees. David Wilstein and Leonard Wilstein individually and as Trustee, Appellants, v. Dernick Resources, Inc., Appellee.

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

Rehearing Overruled March 18, 2010.

Attorney(s) appearing for the Case

David B. McCall, Tom C. McCall, The McCall Firm, Kendall M. Gray, Andrews Kurth, LLP, Houston, TX, for Appellant.

Alan Brandt Daughtry, Kathrine M. Silver, Jackson Walker L.L.P., Jennifer Anne Powis, Baker Botts LLP, Houston, TX, for Appellee.

Panel consists of Justices KEYES, ALCALA, and HANKS.

OPINION

EVELYN V. KEYES, Justice.

Appellants David and Leonard Wilstein (the "Wilsteins") were joint venturers with Dernick Resources, Inc. ("Dernick") under Joint Venture Agreements (JVA's) for a Nebraska gas field (the McCourt Field) and a Kansas oil and gas field (the Bradshaw Field). The Wilsteins appeal the portion of the trial court's judgment holding that the statute of limitations bars them from asserting claims against Dernick for (1) breach of...

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