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CROSSTEX NORTH TEXAS PIPELINE v. GARDINER

No. 02-12-00182-CV.

451 S.W.3d 150 (2014)

CROSSTEX NORTH TEXAS PIPELINE, L.P., Appellant v. Andrew GARDINER and Shannon Gardiner, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing and Rehearing En Banc Overruled December 31, 2014.

Attorney(s) appearing for the Case

Brett Kutnick, Jennifer Stagen, Hankinson LLP, Dallas, John H. Cayce, Jr. , Matthew D. Stayton, Kelly Hart & Hallman LLP, Fort Worth, for Appellant.

David F. Johnson , Winstead PC, Fort Worth, James David Brown , Arthur J. Anderson , Winstead PC, Dallas, for Appellee.

PANEL: GARDNER, WALKER, and McCOY, JJ.

OPINION

I. Introduction

In six issues, Appellant Crosstex North Texas Pipeline, L.P. appeals the trial court's judgment awarding Appellees Andrew and Shannon Gardiner over $2 million in damages for negligent nuisance. We reverse and remand.

II. Background

Between 1997 and 2002, the Gardiners...

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