Natural Gas Pipeline Company of America, Midcon Gas Services Corp., and Chesapeake Panhandle Limited Partnership v. Joseph H. Pool

Opinion

IN THE SUPREME COURT OF TEXAS

 

No. 01-0057

 

Natural Gas Pipeline Company of America, Midcon Gas Services Corp., and Chesapeake Panhandle Limited Partnership

 

v.

 

Joseph H. Pool, et al.

 

- consolidated with -

 

No. 01-0058

 

Natural Gas Pipeline Company of America, Midcon Gas Services Corp., and Chesapeake Panhandle Limited Partnership

 

v.

 

Joseph H. Pool, et al.

 

On Petitions for Review from the

Court of Appeals for the Seventh District of Texas

 

Argued on March 6, 2002

 

Justice Owen delivered the opinion of the Court, in which Chief Justice Phillips, Justice Hecht, Justice Schneider, Justice Smith, and Justice Wainwright joined.

 

Justice Jefferson filed a dissenting opinion.

 

Justice O=Neill and Justice Brister did not participate in the decision.

 

 

We deny Respondents= motion for rehearing.  We withdraw our opinion of August 28, 2003, and substitute the following in its place.