TXO Production Co. v. M.D. Mark, Inc.

CORRECTED OPINION

LESLIE BROCK YATES, Justice.

Our opinion of March 11, 1999 is hereby withdrawn and this opinion substituted.

Appellants, TXO Production Co. (“TXO”) and Marathon Oil Co. (“Marathon”), appeal from an order granting summary judgment in favor of appellee, M.D. Mark, Inc. (“Mark”). In five points of error, they contend the trial court erred in (1) ruling as a matter of law that the merger between TXO and Marathon violated the non-disclosure agreement between TXO and Mark’s predecessor; (2) refusing to strike an affidavit; and (3) awarding unconditional attorney’s fees and interest…