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COLE v. ANADARKO PETROLEUM CORP.

No. 11-09-00056-CV.

331 S.W.3d 30 (2010)

Thomas Ed COLE and Roy Franklin Cole, Appellants and Cross-Appellees, v. ANADARKO PETROLEUM CORPORATION and Permian Basin Joint Venture, LLC, Appellees and Cross-Appellants.

Court of Appeals of Texas, Eastland.

Rehearing Overruled November 12, 2010.

Attorney(s) appearing for the Case

Lee F. Christie , Jeremy L. Harmon , Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P., Fort Worth, for Appellants.

Shayne D. Moses , Timothy D. Howell , Moses, Palmer & Howell, L.L.P., Fort Worth, Andrew M. (Andy) Taylor , Patrick A. Caballero , Bracewell & Guiliani, LLP, Austin, Phillip Godwin , Phillip Godwin & Associates, P.C., Roy L. Bell , Law Office of Roy L. Bell, Odessa, R. Kevin Layton , Apache Corp., Tulsa, OK, for Appellees.

Ray Stoker, Jr. , Shafer, Davis, O'Leary & Stoker, P.C., Odessa, for Intervenors.

Panel consists of: McCALL, J., STRANGE, J., and BOYD, S.J.

OPINION

RICK STRANGE, Justice.

Thomas Ed Cole and Roy Franklin Cole filed a motion for rehearing which is granted in part. We withdraw our opinion and judgment dated July 22, 2010, and substitute our opinion and judgment dated October 14, 2010.

This suit arises out of a surface use dispute between the owners of the JY Ranch, Thomas Ed Cole and Roy Franklin Cole (the Coles), and the operators of a waterflood partially situated on that ranch. The trial...

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