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ENTERPRISE PRODUCTS PARTNERS v. MITCHELL

No. 01-09-00653-CV.

340 S.W.3d 476 (2011)

ENTERPRISE PRODUCTS PARTNERS, L.P. and Dixie Pipeline Company, Appellants, v. Catherine MITCHELL, Individually and as Administratrix to the Estate of Mattie L. Mitchell, Deceased, and as Administratrix to the Estate of Nacquandrea Mitchell, Deceased, O'Neal Pacley, Linda Mitchell, Johnny Jones, Carolyn Pacley, Samida Mitchell, Frank Pacley, Jim Pacley, Calvin Bettis, Lulu Bloxson, Ollie Mae Bonner, Johnny Pacley, James L. Pacley, Sanita Johnson, Sharon Willis, and Rochelle Nabores, Appellees.

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

Reconsideration En Banc and Rehearing Overruled April 6, 2011.

Attorney(s) appearing for the Case

Chad Flores , David M. Gunn , Fields Alexander , John S. Adcock , Murray Fogler , Beck, Redden & Secrest, L.L.P., Houston, TX, for Appellants.

Richard P. Hogan Jr. , Hogan & Hogan, L.L.P., Houston, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices KEYES and HIGLEY.

OPINION ON REHEARING

EVELYN V. KEYES, Justice.

Appellants, Enterprise Products Partners, L.P. ("Enterprise") and Dixie Pipeline Company ("Dixie"), filed a motion for en banc reconsideration of our August 19, 2010 opinion. We treat the motion for en banc consideration as a motion for rehearing, grant rehearing, and withdraw our August 19, 2010 opinion and judgment and issue this opinion and judgment in their place. The disposition of the case remains unchanged...

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