Opposition Brief — Estate of Cornett v. Estate of Sikes

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ERK

Supreme Court, U.S.

FILED

() FEB 13 1989

No. 88-1312

JOSEPH F. SPANIOL, JR

In The om oe

Supreme Court of the United States

October Term, 1988

e

ESTATE OF ARCHIBALD CORNETT, ET AL,

Petitioners,

vs.

ESTATE OF M. D. SIKES, ET AL,

Respondents.

>

BRIEF IN OPPOSITION TO PETITION FOR

WRIT OF CERTIORARI BY TEXACO OIL COMPANY

*

MICHAEL A. HATCHELL

P. O. Box 629

Tyler, Texas 75710

(214) 597-3301

COCKLE LAW BRIEF PRINTING CO,, (800) 225-6964

OR CALL COLLECT (402) 342-2831

No. 88-1312

In The

Supreme Court of the United States

October Term, 1988

y%

—

ESTATE OF ARCHIBALD CORNETT, ET AL,

Petitioners,

VS.

ESTATE OF M. D. SIKES, ET AL,

Respondents.

*

CERTIFICATE

y%

4

The undersigned, counsel of record for respondent,

Texaco Oil Company, certifies that the following listed

parties have an interest in the outcome of this case. These

representations are made in order that judges of this

court may evaluate possible disqualification or recusal

pursuant to Rule 21.1(b), Rules of the Supreme Court of the

United States.

1. Estate of Archibald Cornett.

2. Estate of Sally Williams Cornett.

3. Jenny Cornett-German.

ii

4. Lillian German-Benjamin.

5. Carrie Armstrong.

6. Huey German.

7. Jesse E. German.

8. Annie M. Jones.

9. Shirley J. German.

10. Michael German.

11. Joe German.

12. Tommie German.

13. Jennie L. Johnson.

14. Bobbie J. Banks.

15. Roy J. German.

16. Le Otis Thomas.

17. Sandra Felder.

18. Clarissa Hudson.

19. Kelly Jackson, Sr.

20. Beulah M. Curtis.

21. Gwendolyn Pipkin.

22. Kimberly Pipkin.

23. Donna Pipkin.

24. Eva Jean Pipkin.

25. Sallie McMillons.

26. Raymond Pipkin.

27. Judy Pipkin.

28. Steve Pipkin.

29. Eva Pipkin.

30. Hilda Pipkin.

31. Mandy O’Gilvie Williams.

32. Thomas Pipkin.

33. Melvina Tucker.

34. Ruth Pipkin Yadell.

35. Jim Payton.

36. Julie Payton Duncan.

37. Betty Payton.

38. Bailey Payton.

39. Mary Nell Payton.

40. Alton Cornett.

41. Willie Cornett.

42. Vernon Cornett.

43. Bernice Washington.

|

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44. Lee A. Cornett.

45. Robert Cornett.

46. Leona Portley.

47. Leola Cornett Bars.

48. John A. Cornett.

49. Bernice Jones.

50. Archie Cornett.

51. Sallie Mae Cornett.

52. Gates Cornett.

53. Jewel Cornett.

54. Marvis McMillons.

55. Vernice Thomas.

56. Bogus Cornett.

57. Velma Cornett Grasple.

58. Ruby Cornett Hall.

59. Charles Daughtery.

60. Ollie Tucker Hollins.

61. Newt Tucker.

62. Blanchard Tucker.

63. Linda Cornett.

64. Levada Cornett.

65. Robert Louis Cornett.

66. David Earl Cornett.

67. Audrey Cornett Hines.

68. Ada Cornett.

69. Laura Mae Allen.

70. Perry O’Gilvie.

71. Estate of M. D. Sikes.

72. Claude (HC) Foshee.

73. Ann Lewis Rives.

74. Louis Werner Saw Mill Co., its successors and

assigns.

75. County of Panola, Texas.

76. “Texaco Oil Company”, the name under which

the present respondent was sued.!

1 The actual owner of the properties in question is Texaco

Producing, Inc. That corporation is a subsidiary of Texaco, Inc.

Subsidiaries of Texaco, Inc., and Texaco Producing, Inc., are

shown in Appendix B.

iv

SUBJECT INDEX

Page

ee 2 PEPPPTETITETE TT Trier re ee re ii

I Te TE a a ke cnn deennceseaneneeses 1

Summary of Argument ...........cscccccessccccees 2

PHONOQUC oo cece ccc csccccscccsecccceesnscenssnss wie ®

Reasons Why The Writ Should Be Denied ......... 4

1. The governing statute of limitations is bor-

oe LE Perery Pe reer r Tree re 5

2. This action accrued when petitioners knew, or

had reason to know, of the injury for which

CRY GUAR oss ce cs nasins ccventdaneechansacbeses 7

3. Petitioners’ action fully accrued prior to 1974 8

4. The summary judgment record renders ineffec-

tive any claim that the Texas statute was “tol-

es eco uc eck esa cseciedusencepacnvecbe sas 11

Com Gi PGE oo oa ic oie s caveenennanad seat 12

PII, 6 onde scence senrsccceuacieacsonseaes App. 1

ee ee nated

Vv

LIST OF AUTHORITIES

Anderson v. Liberty Lobby, 106 S.Ct. 2505, 477

US. BEEZ, OF LOE Be. COU oso cc dacsvcccceas 12

Borderlon v. Peck, 661 S.W.2d 907, 908 (Tex. 1983) ....12

Burnett v. Grattan, 104 S.Ct. 2924, 468 U.S. 42, 47,

Oe Re a Pe I oo. ps dcdhoie ce acs 2,5

Celotex Corporation v. Catrett, 106 S.Ct. 2548, 477

CB. SEZ, Be cece ee Re biks wktck de tedie dances 12

Cross v. Lucius, 713 F.2d 153 (5th Cir. 1983)......... 11

Hohri v. United States, 782 F.2d 227 (D.C. Cir.

1986), rev’d 107 S.Ct. 2246, 482 U.S. 64, 96

Re GUNES Ck iain cbc dhs be Cub hae van robbaeet’s 11

Longoria v. City of Bay City, Texas, 779 F.2d 1136,

RE ee le Sanka ges ce when akesasdne 6, 7

Peter Henderson Oil Co. v. City of Port Arthur,

Texas, 806 F.2d 1273 (Sth Cir. 1987) ................ 6

Reed v. United Transportation Union, 109 S.Ct.

GRE Er Rite Me GUE 5 oe Fi ad nhecsnkeddeve ts 5

Rules of the Supreme Court of the United States,

ee rrr ree rr err err rT er rrr 4

Texas Civil Practice & Remedies Code, Sections

16.003-16.004 ......... Sp Pe eh OR Tah pyre Fae 7

ae PE Peer CL ree re EAT eee ate 4, 5, 6, 11

Wilson v. Garcia, 105 S.Ct. 1938, 471 U.S. 261, 266,

TD Kg ele Se GED shen ccc caaneivarsarers 5, 6

No. 88-1312

+.

_

In The

Supreme Court of the United States

October Term, 1988

,%

-_

ESTATE OF ARCHIBALD CORNETT, ET AL,

Petitioners,

vs.

ESTATE OF M. D. SIKES, ET AL,

Respondents.

,™

2

BRIEF IN OPPOSITION TO PETITION FOR

WRIT OF CERTIORARI BY TEXACO OIL COMPANY

,™

_

TO THE HONORABLE SUPREME COURT OF THE

UNITED STATES:

Texaco Oil Company, a defendant in the trial court,

responds, as follows, to a petition for writ of certiorari in

a civil rights case that was disposed of by summary

judgment by reason of bar by the appropriate statute of

limitations:

STATEMENT OF THE CASE

The unreported opinion of the United States Court of

Appeals for the Fifth Circuit contains a statement of the

proceedings and disposition below. It is correct.

The seven-page “Statement Of The Case” in the peti-

tion (Petition 3-9) contains no references to the record.

See Rule 34.1(g), Rules of the Supreme Court of the United

States. By and large, that statement depends upon the

“allegations” in petitioner’s complaint. It does not deal

with or respond to the “facts” in the summary judgment

record upon which the case was decided by both courts

below.

The forthcoming argument is predicated specifically

upon “facts” in the summary judgment record, predomi-

nantly “admissions” by petitioners in the trial court.’

SUMMARY OF ARGUMENT

In support of the judgments below, Texaco will

argue:

1. Under the rule of Burnett v. Grattan, 104 S.Ct. 2924,

468 U.S. 42, 47, 82 L.Ed.2d 36, 43 (1984), we look to the

common law of Texas for the applicable statute of

limitations.

2. Since the civil rights acts redress injuries in the

nature of “torts”, the most appropriate Texas statute of

limitations is its two-year statute for bringing personal

injury suits, although the summary judgment record

would satisfy the Texas four-year statute as well.

1 “R” references are to the official record filed in the court

of appeals. Rule 34.1(g), Rules of the Supreme Court of the United

States.

3. The appropriate accrual date is the time when

petitioners had knowledge of the injury sought to be

redressed in this suit.

4. The summary judgment establishes conclusively

the following:

(a) Petitioners hired an attorney in 1959 to reclaim

the property for them. They were thus aware of their lack

of title at that time.

(b) Petitioners’ attorney confessed, in written repre-

sentations, that the heirs’ claim to title was rooted in

fraud practiced upon them by reason of their race. Thus,

they were aware at this time, also, of the civil rights

nature of their injury.

(c) In response to interrogatories, petitioners con-

ceded that, no later than 1974, they knew they were being |

victimized by purported conduct of government officials

of Panola County which, if true, ostensibly had peti-

tioners’ race as its motivation and thus was facially ille-

gal. If this conduct had any deterrent effect that

prevented the filing of this suit, that effect ceased, accord-

ing to petitioners’ own discovery admissions, no later

than December 31, 1973.

(d) Ergo, as early as January 1, 1974, the heirs had

knowledge of a title defect, knowledge of racial discrimi-

nation against them, and an unfettered right to bring the

present suit. Their delay of more than ten years con-

clusively invokes the bar of the appropriate Texas statute

of limitations.

PROLOGUE

Texaco is one of several respondents. So far as Texaco

can determine, it has been joined in this suit because it

has a minor, essentially dormant leasehold interest in real

property that would be affected if the district court had

granted full relief prayed for by petitioners. (See R. 142.)

Texaco can locate only a single, generic reference in the

petition to the cause of action against any non-govern-

mental parties.?

Petitioners have not cited any summary judgment

evidence, and Texaco is aware of no evidence, that it

participated in any of the conduct by which petitioners

claim deprivation of personal, property, or civil rights.

REASONS WHY THE WRIT SHOULD BE DENIED

Judgment has been rendered by reason of bar by the

statute of limitations applicable to the federal statutes

under which the action was brought - 42 U.S.C.,

§§ 1981-1983, §§ 1985-1986, and § 1988. (R. 203, et seq.)

Elements that determine proper application of the statute

of limitations are: (i) the appropriate statute, (ii) the

accrual date, and (iii) facts which commenced the statute.

We discuss each of those as follows:

2 “Petitioners specifically alleged race, interracial associa-

tion and previous condition of servitude to be at the core of

this civil action and as the affirmative links to all unconstitu-

tional actions and inactions intentionally directed at Peti-

tioners . . . relative to private citizens’ actions as far as

individual, non-governmental Respondents and their prede-

cessors in title, interest or office are concerned.” (Petition 4-5.)

> F

The governing statute of limitations is bor-

rowed from Texas law.

The civil rights acts under which petitioners sue

“***do not contain a specific statute of limita-

tions * * *.” Wilson v. Garcia, 105 S.Ct. 1938, 471 U.S. 261,

266, 85 L.Ed.2d 254, 260 (1985). The applicable statute of

limitations, thus, is determined by the “ * * * three-step

process ***” mandated by 42 U.S.C., § 1988, for the

purpose of “ * * * borrow(ing) an appropriate rule ***”

from a pertinent corpus of statutory law. Burnett v. Grat-

tan, 104 S.Ct. 2924, 468 U.S. 42, 48, 82 L.Ed.2d 36, 43

(1984). That process is described thus in Burnett, supra:

“*** First, courts are to look to the laws of the

United States ‘so far as such laws are suitable to

carry [the civil and criminal civil rights statutes] into

effect.’ Ibid. If no suitable federal rule exists, the

courts undertake the second step by considering

application of state ‘common law, as modified and

changed by the constitution and statutes’ of the

forum State. Ibid. A third step asserts the predomi-

nance of the federal interest: Courts are to apply state

law only if it is not ‘inconsistent with the Constitu-

tion and laws of United States.’***” (468 U.S.

47-48, 82 L.Ed.2d 43.)

This court has recognized that, as a general rule,

Congress intends, when federal statutes are silent on the

issue of limitations, the appropriate “ ** * statutes of

limitations are to be borrowed from state law. ** *” Reed

v. United Transportation Union, 109 S.Ct. 621, 57 U.S.L.W.

4088 (1989). This is true of actions under the civil rights

acts. Burnett v. Grattan, supra.

The case of Wilson v. Garcia, supra, holds that civil

rights actions, like the present, “ *** are best charac-

terized as personal injury actions * * * ”. (471 U.S. 280, 85

L.Ed.2d 269.) The reason why was stated thus:

“The atrocities that concerned Congress in 1871

plainly sounded in tort. Relying on the premise we

have found tort analogies compelling in establishing

the elements of a cause of action under § 1983

. and in identifying the immunities available to

defendants ***. *** As we have noted, however,

the § 1983 remedy encompasses a broad range of

potential tort analogies, from injuries to property to

infringements of individual liberty.” °

“Among the potential analogies, Congress

unquestionably would have considered the remedies

established in the Civil Rights Act to be more analo-

gous to tort claims for personal injury than, for

example, to claims for damages to property or breach

of contract.***” (471 U.S. 277, 85 L.Ed.2d 267.)

Substantial federal authority has determined that a

two-year statute of limitations is neither inimical to the

purposes of, nor an inhibition upon, the rights secured by

the Civil Rights Acts. (42 U.S.C., § 1981, et seq.) As to

such federal court actions brought within the territorial

limits of Texas, it has been determined that Texas’ two-

year statute of limitations for bringing personal injury

suits is the “*** most appropriate ***” statute. See:

Peter Henderson Oil Co. v. City of Port Arthur, Texas, 806

F.2d 1273 (5th Cir. 1987); Longoria v. City of Bay City, Texas,

779 F.2d 1136, 1137 (5th Cir. 1986), both of which involved

a civil rights claim rooted in the deprivation of real

property rights, just as does our case.

Texaco does not understand petitioners to dispute

applicability of Texas’ two-year statute. It notes, par-

enthetically, however, that Texas has only two general

limitations periods — a two-year period and a four-year

period. See § § 16.003-16.004, Tex. Civ. Prac. & Rem. Code.

(Appendix A.) Texaco will demonstrate in the following

argument that petitioners’ suit was barred under either

statute.

B

This action accrued when petitioners knew, or

had reason to know, of the injury for which

they sue.

Though a state statute may determine the applicable

limitations period, the accrual of the limitations period is

a question of federal law. Longoria v. City of Bay City,

Texas, 779 F.2d 1136, 1138 (5th Cir. 1986). That case aptly

states the test for determining the “accrual” date, to wit:

“*** The federal standard used to determine the

accrual of a section 1983 cause of action is that the

cause of action accrues when the plaintiff knows or

has reason to know of the injury which is the basis of

the action. ***” (779 F.2d 1138, emphasis added.)

As with the previous element, Texaco does not

understand petitioners to contest this rule. We thus turn

to application of the preceding rules to the summary

judgment record:

3.

Petitioners’ action fully accrued prior to 1974.

The summary judgment record establishes con-

clusively that petitioners’ cause of action had accrued,

and the applicable limitations period had begun to run,

by January 1, 1974.3 This is ascertainable from answers to

requests for admissions and responses to interrogatories,

in which petitioners confessed the following facts:

(i) As early as 1959 “ ** * all the heirs of Archibald

Cornett *** ”, i.e., the present petitioners (R. 1214, 1237),

hired attorney William Conners of Houston, Texas,

“***to assert a claim of title to said land***”. (R.

1214.) Thus, at that time, petitioners knew conclusively

title was not vested in the Cornett estate.

(ii) An August 4, 1959, letter from Mr. Conners is

confessed to be “true” (R. 1238) in the following

particulars:

“My clients are all the heirs of Archibald Cornett,

and as such they assert a claim of title to said land,

including the mineral fee.”

3 In advancing that contention, Texaco gives petitioners

the benefit of every doubt and eschews the compelling argu-

ment that petitioners’ pleadings, themselves, establish accrual

as early as 1915.

For example, petitioners’ allegations that “ * * * the Cor-

netts [petitioners’ predecessors in title] were driven out of

Panola County, Texas by a legitimized terroristic force known

as the Ku Klux Klan***” (R. 208) is virtually a concession

that their predecessors in action had knowledge of the present

civil rights injury at least by the time of Archibald Cornett’s

death in 1915. (R. 206.)

9

“The record reflects a chain of title out of one

Sikes and the Werner Sawmill Company. Sikes’ claim

is founded upon a deed from ‘Aster’ Cornett, dated

October 1, 1902.”

+e te &

“The deeper I dig into the facts of this investiga-

tion the stronger my case appears. My clients being

colored, there appears certain disturbing elements of a

conspiracy to defraud.” (R. 1214, emphasis added.)

Those admitted facts establish conclusively not only

knowledge of a title claim, but that a basis for petitioners’

“injury” was a “*** conspiracy to defraud***” (R.

1214) rooted in their race — the same allegations made

here.

(iii) Later, in October of 1961, the heirs conveyed a

1/4th interest in the disputed property, and also gave

power of attorney, to a Philander Neville, an Illinois

attorney, to help them establish “ * * * our rights to***”

(R. 1221) and to “ * * * reclaim the subject property. *** ”

(R. 1244.) The heirs admit that, at that time, they

“*** knew that a problem existed with respect to the

chain of title. ** * ” (R. 1245.) Petitioners also admittedly

knew at that time that someone other than a descendant

of Archibald Cornett was claiming to own the property.

(R. 1246.)

(iv) Prior to January of 1982, petitioners admittedly

knew of the deed from “Aster” Cornett to M. D. Sikes,

which is the instrument inimical to their claim of title. (R.

1239.)

(v) Lastly, the petitioners confessed that, before 1973,

their attempts to examine the title documents pertaining

to the original Cornett land grant were being met with

10

illegal conduct and threats of violence that had seeming

racial motivation, to wit:

“*** plaintiffs were physically barred up to and

including approximately 1973. Plaintiffs had to get

someone white to inquire for them. Prior to 1971, fam-

ily members on several occasions attempted to obtain

information from the Deed Records in Panola County

but were told either ‘none existed for Archibald Cor-

nett’ or they were told to ‘leave the premises and

warned not to return or they would be met with

bodily harm, Negroes could not investigate themselves in

the deed and tax records.”

“Subsequent to 1972, one family member, Ervin

Pipkins (deceased) and a friend went to Panola

County to research the records. They were told by the

clerk attending the counter that they could not view

the records. They were then instructed by another

courthouse official to leave the courthouse or they

would be met with physical harm and the high sher-

iff would get them.” (R. 1242-1244, emphasis added.)

In sum, petitioners’ admissions on the summary

judgment record conclusively visit them with knowledge,

no later than January 1, 1974, of the following:

(i) that another party was claiming the land they

believed legitimately should have passed to them,

(ii) that the adverse title claim, according to their

view, was false,

(iii) that the adverse title had been established or

concealed through a conspiracy to defraud promulgated

by reason of the heirs’ race, and

(iv) that facially illegal, discriminatory conduct,

rooted primarily in race, had been practiced upon them

11

by officials of Panola County in their attempt to research

the status of the original Cornett land grant.

Petitioners’ claim encompasses the following injuries:

(i) loss of title through fraud or other illegal activity

practiced because of the race of petitioners or their precle-

cessors and (ii) denial of the petitioners’ /heirs’ rights, as

equal citizens, to examine or otherwise have access to

history of the title. Yet, the summary judgment record

establishes conclusively that the Cornett heirs (the pre-

sent petitioners) were fully aware at least ten years before

filing the present action of each “injury” they claim to

have suffered by violation of 42 U.S.C., § 1981, et seq.

Compare: Cross v. Lucius, 713 F.2d 153 (5th Cir. 1983).

4.

The summary judgment record renders ineffec-

tive any claim that the Texas statute was

“tolled”.

Petitioners’ vague inference that the Texas limitation

statute was “tolled” by reason of their being barred from

the courthouse by Panola County officials is circuitous, if

not self-defeating. The conduct of the Panola County

officials is, in fact, the crux of petitioners’ substantive

claim. If the facts of a civil rights claimant’s cause of

action can successfully be alleged as a ground for “tol-

ling”, there is, then, no applicable statute of limitations;

the substantive complaint and grounds for tolling would

always merge.

To the extent that petitioners’ reliance upon Hohri v.

United States, 782 F.2d 227 (D.C. Cir. 1986), rev’d 107 S.Ct.

2246, 482 U.S. 64, 96 L.Ed.2d 51 (1987), obliquely- or

{

ap

12

inferentially, suggests fraudulent concealment of facts by

respondents (certainly respondents other than Texaco)

that prevented petitioners from learning of their claim, it

is sufficient to say that such a basis for tolling, under

Texas law, would be operative only until petitioners

acquired the requisite knowledge the fraudulent conceal-

ment purportedly denied them. See: Borderlon v. Peck, 661

S.W.2d 907, 908 (Tex. 1983).

The summary judgment record more than adequately

invokes that rule. The purported physical disbarment of

petitioners from the courthouse was conceded by them to

have terminated at least by January 1, 1974. (R. 1242.)4

The previous discussion (pp. 8-11) establishes requisite

knowledge of all other elements of petitioners’ claim

prior to January 1, 1974. This knowledge effectively

removed any ground for tolling at that time and activated

accrual of the appropriate statute of limitations.

CONCLUSION AND PRAYER

The facts upon which summary judgment was ren-

dered are found either in “admissions” by petitioners or

their own words answering interrogatories. The dictates

of Anderson v. Liberty Lobby, 106 S.Ct. 2505, 477 U.S. 242,

91 L.Ed.2d 202 (1986) and Celotex Corporation v. Catrett,

106 S.Ct. 2548, 477 U.S. 317, 91 L.Ed.2d 265 (1986), are not

implicated. This is not a battle of opposing affidavits or

conflicting answers, nor does it involve assessment of

credibility. The issue here involves the legal implications

4 “*** Plaintiffs were physically barred up to and includ-

ing approximately 1973.***” (R. 1242.)

13

of facts petitioners admit exist. The cases cited fully

condone summary judgment in that context.

WHEREFORE, PREMISES CONSIDERED, Texaco Oil

Company, prays that the petition for writ of certiorari

herein be denied forthwith. Texaco additionally prays for

such other and further relief to which it may justly be

entitled at law or in equity.

Respectfully submitted,

MicHaAEL A. HATCHELL

Bar No. 09219000

P. O. Box 629

Tyler, Texas 75710

(214) 597-3301

App. i

APPENDIX A

Sec.

16.066. Action on Foreign Judgment.

16.067. Claim Incurred Prior to Arrival in this State.

16.068. Amended and Supplemental Pleadings.

16.069. Counterclaim or Cross Claim.

16.070. Contractual Limitations Period.

16.071. Notice Requirements. ;

16.072. Saturday, Sunday, or Holiday.

SUBCHAPTER A.

LIMITATIONS OF PERSONAL ACTIONS

§ 16.001. Effect of Disability

(a) For the purposes of this subchapter, a person is

under a legal disability if the person is:

(1) younger than 18 years of age, regardless of

whether the person is married; or

(2) of unsound mind. "

(b) Ifa person entitled to bring a personal action is

under a legal disability when the cause of action accrues,

the time of the disability is not included in a limitations

period.

(c) A person may not tack one legal disability to

another to extend a limitations period.

(d) A disability that arises after a limitations period

starts does not suspend the running of the period.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 1049, § 56, eff. Sept.

1, 1987.

Section 65 of the 1987 amendatory act provides:

alii

App. 2

“(a) A period of limitations that on August 31, 1987,

was tolled under Section 16.001 or 16.022, Civil Practice

and Remedies Code, because the person entitled to bring

the action was imprisoned, begins to run on the effective

date of this Act.

“(b) A period before the effective date of this Act

during which a person was under a legal disability

because of imprisonment is not affected by this Act.”

§ 16.002. One-Year Limitations Period

A person must bring suit for malicious prosecution,

libel slander, or breach of promise of marriage not later

than one year after the day the cause of action accrues.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.

§ 16.003. Two-Year Limitations Period

(a) A person must bring suit for trespass for injury

to the estate or to the property of another, conversion of

personal property, taking or detaining the personal prop-

erty of another, personal injury, forcible entry and

detainer, and forcible detainer not later than two years

after the day the cause of action accrues.

(b) A person must bring suit not later than two

years after the day the cause of action accrues in an

action for injury resulting in death. The cause of action

accrues on the death of the injured person.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.

App. 3

§ 16.004. Four-Year Limitations Period

(a) A person must bring suit on the following

actions not later than four years after the day the cause of

action accrues:

(1) specific performance of a contract for the con-

veyance of real property;

(2) penalty or damages on the penal clause of a

bond to convey real property; or

(3) debt.

(b) A person must bring suit on the bond of an

executor, administrator, or guardian not later than four

years after the day of the death, resignation, removal, or

discharge of the executor, administrator, or guardian.

(c) A person must bring suit against his partner for

a settlement of partnership accounts, and must bring an

action on an open or stated account, or on a mutual and

current account concerning the trade of merchandise

between merchants or their agents or factors, not later

than four years after the day that the cause of action

accrues. For purposes of this subsection, the cause of

action accrues on the day that the dealings in which the

parties were interested together cease.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.

§ 16.005. Action for Closing Street or Road

(a) A person must bring suit for any relief from the

following acts not later than two years after the day the

cause of action accrues:

App. 4

(1) the passage by a governing body of an incor-

porated city or town of an ordinance closing and aban-

doning, or attempting to close and abandon, all or any

part of a public street or alley in the city or town, other

than a state highway; or

(2) the adoption by a commissioners court of an

order closing and abandoning, or attempting to close

and abandon, all or any part of a public road or thor-

oughfare in the county, other than a state highway.

(b) The cause of action accrues when the order or

ordinance is passed or adopted.

(c) If suit is not brought within the period provided

by this section, the person in possession of the real prop-

erty receives complete title to the

* * *

App. 5

APPENDIX B

TEXACO INC. SUBSIDIARIES AS OF JUNE 1988

Bay Drilling Corporation

Bridgeline Gas Distribution Company

El Capitan Mutual Water Company

Getty Capital Corporation

Harrison Capital Inc.

Harrison Corporation, The

Boca Del Mar Inc.

Texaco Boca Del Mar Inc.

Getty Oil Company

Getty Oil International (Caribbean) N.V.

Getty Timberlands Inc.

Neches Gas Distribution Company

Paragon Oil Company, Inc.

Riverway Gas Pipeline Company

Sabine Pipe Line Company

Seaboard Oil Company

Texaco Canada Inc.

Canadian Reserve Oil and Gas Ltd.

Great Eastern Oil Ltd.

McColl-Frontenac Oil Co. Ltd.

Oilship Limited

Texaco Canada Resources Ltd.

Cynthia Gas Gathering Company Limited

La Societe Acadienne de

Recherches Petrolleres Ltd.

380311 Alberta Limited

Texaco Canada Enterprises Ltd.

Texaco Canada Gas Enterprises Inc.

Texaco Canada Properties, Inc.

Tournemaine Realties Limited

Texaco Capital Inc.

Texaco Capital N.V.

Texaco Chemical Company

Federal Chemical Company

Seachem Pipeline Company

App. 6

Texaco Chemical International Sales Corporation

Texaco Chemical International Trader Inc.

Texaco Chemical Pipeline Company, Inc.

Texas Chemical Company

Texaco Development Corporation

Texaco Exploration Properties Inc.

Texaco Financial Services Inc.

Texaco Fourbear Inc.

Texaco Harvest Gas Pipeline Company Inc.

Texaco Harvest Pipeline Company Inc.

Texaco Mineral Company

Texaco Producing Inc.

Texaco Properties Inc.

Texaco Refining and Marketing Inc.

Texaco Overseas Holdings Inc.

Texaco Trading and Transporation Inc.

Texaco Syngas Inc.

Texaco Tamarac Inc.

Texaco Timberlands Inc.

TXL Oil Corporation, The

Whitney Supply Company:

TEXACO PRODUCING INC. SUBSIDIARIES

AS OF JUNE 1988

ACC Chemical Company

Chemplex Construction Corporation

Associated Oil Company

Basin Drilling Corp.

Getty Canadian Minerals, Limited

Getty Canadian Metals, Limited }

Getty Chemical Company

Chemplex Construction Corporation

Getty Energy Company

Getty Gas Gathering, Inc.

Getty Mining Company

CP Water Company

Getty Canadian Mining Company

Getty Mining International Inc.

Getty Minerals Company, Limited

App. 7

Getty Mines, Limited

Getty Mining Northwest, Limited

Getty Mining Pty. Ltd.

Hueiva Pyrites, Inc.

Seville Metals Corporation

Texaco Oil Development Company

Grande Properties, Inc.

Petrotomics Company

Getty Oil Exploration Company

Getty Scientific Development Company

Minnehoma Corporation

Minnehoma Develpment, Inc.

Nuclear Fuel Services, Inc.

Skelly Leasing Company

Vanply, Inc.

Vanply of Liberia, Inc.

Vancouver Plywood Co., Inc.

Snake River Gas Transmission Corp.

Texaco Alaska Inc.

Texaco Coalinga Energy Company

Texaco Cogeneration Company

Texaco Congeneration Gas Company

Texaco Gas Inc.

Texaco Gas Marketing, Inc.

Texaco Midway-Sunset Cogeneration Company

Texaco San Ardo Energy Company

Texaco Services Inc.

Texaco Sobel Cogeneration Company

Texaco Yoakum Energy Company

TPI Ventures Inc.

Wasco Gas Services, Inc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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