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IN RE: WOOD GROUP PSN INC., Miller Environmental Services L.L.C., Star Tex Gasoline & Oil Distributors Inc., Basic Energy Services Inc., Cameron Inc., Chacho’s Vacuum Service Inc., Coastal Chemical Co. L.L.C., Flint Energy Services Inc., FTS International Services L.L.C., Helmerich & Payne International Drilling Co., Mission Petroleum Carriers Inc., Murphy Exploration & Production Company - USA, Murphy Oil Corporation, Plains All American Pipeline L.P.
OPINION
Reconsideration en banc denied.
DISSENTING OPINION TO DENIAL OF EN BANC RECONSIDERATION
I dissent to the denial of en banc reconsideration without requesting a response. See Tex. R. App. P. 49.2. Based on my review of the pleadings, I disagree that they entirely fail to assert the basis of a claim against these relators for purposes of surviving a 91a motion to dismiss. Again, “(i)t is not the court’s role, in reviewing the granting of a Rule 91a motion, to determine prematurely the merits of an alleged cause of action, but rather to recognize the foundation of one.” Vasquez v. Legend Natural Gas III, LP, 492 S.W.3d 448, 462 (Tex. App.—San Antonio 2016, pet. denied) (Martinez, J., dissenting); Tex. R. Civ. P. 91a.
I would therefore uphold the trial court’s decision to deny the defendants' Rule 91a motion.
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Docket No: No. 04-18-00418-CV
Decided: December 12, 2018
Court: Court of Appeals of Texas, San Antonio.
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