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Wagner & Brown, LTd. v. Horwood

Because the injury was not inherently undiscoverable, the discovery rule does not apply to oil and gas royalty owners' claims that the lease operator deducted improper gas gathering and compression charges from the gas purchase price, thus reducing the amount paid as royalties.

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On Petition for Review from the Court of Appeals for the Eighth District of Texas

Argued on March 21, 2001

In this case, we must decide whether the discovery rule applies to oil and gas royalty owners’ claims that the lease operator deducted improper gas gathering and compression charges from the gas purchase price, thus reducing the amount paid as royalties. The court of appeals held that the discovery rule applied to defer accrual of the royalty owners’ claims because their injury was both inherently undiscoverable and objectively verifiable. S.W.3d . Because we conclude that the nature of the royalty owners’ injury was not inherently undiscoverable, we hold that the discovery rule does not apply. We reverse the court of appeals’ judgment and remand the case to that court for further proceedings.

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