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BENNETT v. REYNOLDS

No. 08-0074.

315 S.W.3d 867 (2010)

Thomas O. BENNETT, Jr., and James B. Bonham Corp., Petitioners, v. Randy REYNOLDS, Respondent.

Supreme Court of Texas.

Decided June 25, 2010.

Rehearing Denied August 20, 2010.

Attorney(s) appearing for the Case

Douglas W. Alexander, Susan S. Vance, Alexander Dubose & Townsend LLP, Austin, Keith Woodley, Woodley & Dudley, Comanche, Jimmy Nixon Shook, Childress & Shook, San Saba, for Petitioners.

Richard T. Miller, Darrel Dwayne Spinks, Miller & Spinks, LLP, San Saba, David E. Keltner, John Thomas Wilson IV, Marianne M. Auld, Kelly Hart & Hallman LLP, Fort Worth, for Respondent.

Paul M. Terrill III, The Terrill Firm, PC, Austin, for amicus curiae Pacific Legal Foundation.

Justice WILLETT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, and Justice GUZMAN joined, and in all but Part II(A)(1) of which Justice JOHNSON joined.

This case involves an extended drought, missing cattle, and feuding neighbors. In 2002 these factors sparked litigation over the auction of thirteen head of wandering cattle, culminating in a judgment for actual and exemplary damages...

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