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SOUTHWESTERN ENERGY v. BERRY-HELFAND

No. 12-11-00370-CV.

411 S.W.3d 581 (2013)

SOUTHWESTERN ENERGY PRODUCTION COMPANY, Appellant/Cross-Appellee v. Toby BERRY-HELFAND and Gery Muncey, Appellees/Cross-Appellants.

Court of Appeals of Texas, Tyler.

Rehearing Overruled November 4, 2013.

Attorney(s) appearing for the Case

David M. Gunn , John S. Adcock , F. Lee Butler , Bradley A. Waters , William B. Davis , Houston, Mike Hatchell , Austin, Constance H. Pfeiffer , for Appellant.

Harriet O'Neill , Daniel M. Downey , Austin, George E. Chandler , W. Perry Zivley , Percy L. Isgitt , Michael T. Gallagher , Scott Hanson McLemore , Houston, Don Wheeler , Center, Gregory D. Smith , Darrin Walker , Nolan Smith , C. Zan Turcotte , for Appellees.

Panel consisted of WORTHEN, C.J., HOYLE, J., and BASS, Retired Justice, Twelfth Court of Appeals, sitting by assignment.

OPINION

BILL BASS, Justice.

In this trade secret case, Southwestern Energy Production Company (Sepco) appeals a judgment for almost $40 million, including attorney's fees, rendered in favor of Toby Berry-Helfand and Gery Muncey after a jury trial. Sepco raises five issues on appeal. We reverse and render in part, affirm in part, and remand the cause for determination and award of attorney's fees due Sepco as the prevailing party in a suit brought...

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