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BOULANGER v. WASTE MGT. OF TEXAS, INC.

No. 01-10-01002-CV.

403 S.W.3d 1 (2012)

Mike BOULANGER, Trustee, on behalf of WESTLUM TRUST, Appellant v. WASTE MANAGEMENT OF TEXAS, INC., Waste Management, Inc., and USA Waste Landfill Operations and Transfer, Inc., Appellees.

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

Rehearing En Banc Overruled March 21, 2013.

Attorney(s) appearing for the Case

Timothy A. Hootman , Houston, TX, for Appellant.

James M. McGraw , Ellie P. Natenberg , Looper Reed & McGraw, P.C., Houston, TX, for Appellees.

Panel consists of Justices JENNINGS, SHARP, and BROWN.

OPINION ON REHEARING

HARVEY BROWN, Justice.

Mike Boulanger, as Trustee on behalf of the Westlum Trust, moved for rehearing of our December 15, 2011 opinion and judgment. We deny the motion for rehearing. To clarify the governing standards of deed interpretation and construction, however, we withdraw our prior opinion and judgment and issue the following opinion and judgment in their stead.

In this dispute regarding the interpretation and construction...

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