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PAGOSA OIL AND GAS v. MARRS AND SMITH

No. 08-07-00090-CV.

323 S.W.3d 203 (2010)

PAGOSA OIL AND GAS, L.L.C. and Sombrero Oil and Gas Company, L.L.C., Appellants, v. MARRS AND SMITH PARTNERSHIP, and Rickey Smith, Appellees.

Court of Appeals of Texas, El Paso.

February 10, 2010.

Attorney(s) appearing for the Case

Steven L. Hughes , Mounce, Green, Myers, Safi, Paxson & Galatzan, El Paso, for Appellants.

Paul M. Terrill , Hazen & Terrill, Austin, Gary M. Bellair , Craig, Terrill & Hale, L.L.P., Lubbock, for Appellee Marrs and Smith Partnership.

Chad Smith , Lubbock, for Appellee Rickey Smith.

Before CHEW, C.J., McCLURE, and RIVERA, JJ.

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Pagosa Oil and Gas and Sombrero Oil and Gas Company appeal a summary judgment in favor of Marrs and Smith Partnership and Rickey Smith. We find that Pagosa Oil and Gas lacks standing to sue and we dismiss its claim for lack of subject-matter jurisdiction. The remaining summary judgment is reversed and the cause remanded.

This case marks the third chapter of litigation involving the mineral development...

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