Kevin Hotvedt and Mary Ann Hotvedt v. Schlumberger Limited (n.v.) and Schlumberger Well Services, a Division of Schlumberger Technology Corporation

I dissent from the granting of rehearing in this case not only because I believe that we were right the first time the case was decided, but because I wish to write as to the inference to be drawn from a refusal of the Texas Supreme Court to take a certified question and also to argue that we are deciding a Texas law issue and the majority insists on looking at California law.

As stated by the majority in the granting of the petition for rehearing, we certified the question we had decided to the Supreme Court of Texas in Hotvedt v. Schlumberger, Limited N. V., 925 F.2d 119. The question…