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DISCOVERY OPERATING v. BP AMERICA PROD.

Nos. 11-08-00127-CV, 11-08-00171-CV.

311 S.W.3d 140 (2010)

DISCOVERY OPERATING, INC., Appellant, v. BP AMERICA PRODUCTION COMPANY, Appellee.

Court of Appeals of Texas, Eastland.

April 15, 2010.

Attorney(s) appearing for the Case

Deborah Essig Taylor, Houston, James V. Hammett, Lampasas, Donald M. Hunt, Mullin Hoard & Brown, L.L.P., Lubbock, for appellant.

Pat Long Weaver, Stubbeman, McRae, Sealy, Laughlin & Browder, Inc., Midland, Murray A. Trey Crutcher, Atkins, Hollmann, Jones, Peacock, Lewis & Lyon, L.L.C., Odessa, Brian R. Sullivan, Matthew W. Baab, McElroy, Sullivan & Miller, L.L.P., Austin, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and BOYD, S.J.

OPINION

TERRY McCALL, Justice.

Discovery Operating, Inc. encountered a highly pressurized water flow while drilling an oil well. After investigating the matter, Discovery believed that BP America Production Company's operation of two injection wells caused the water flow. Discovery brought suit against BP to recover damages that allegedly resulted from the water flow. Discovery asserted claims for negligence, negligence per se, and common-law and statutory...

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