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SM ENERGY CO. v. UNION PACIFIC R.R. CO.

No. 11-21-00052-CV.

652 S.W.3d 830 (2022)

SM ENERGY COMPANY, Appellant v. UNION PACIFIC RAILROAD COMPANY, Appellee.

Court of Appeals of Texas, Eastland.

Opinion filed June 23, 2022.

Attorney(s) appearing for the Case

Jesse Rucker Pierce , Tracy C. Temple , Pierce & O'Neill, LLP, Houston, Eva C. Guzman , Wright Close & Barger, LLP, Houston, for Appellant.

Justin Waggoner , Smyser Kaplan & Veselka, LLP, Houston, Emily Bradford , Law Office of Emily Bradford, New York, NY, for Appellee.

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

OPINION

This is an appeal from an order granting a motion to dismiss for improper venue based upon a forum-selection clause. See Xia v. Floyd, 638 S.W.3d 821, 825 (Tex. App.-Fort Worth 2021, no pet.) (forum-selection clauses are enforced through a motion to dismiss). The parties disagree about the...

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