Oxy USA, Inc. v. Danny Cook

NO. 12-02-00027-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

OXY USA, INC.,

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APPEAL FROM THE FOURTH

APPELLANT

V

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JUDICIAL DISTRICT COURT OF

DANNY COOK,

APPELLEE

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RUSK COUNTY, TEXAS

OPINION

OXY USA, Inc. ("OXY") appeals from the trial court's judgment, entered after a jury trial, in this suit brought by Appellee Danny Cook for damages to his land. OXY raises four issues asserting that Cook does not have standing to bring suit for surface damages, OXY owes no duty to Cook, Cook's nuisance claim is barred by limitations, and, alternatively, the trial court erred by failing to…