NO. 07-02-0015-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E DECEMBER 2, 2002 ______________________________

BETTY FROST MCALEER, APPELLANT V. EASTMAN KODAK COMPANY AND EASTMAN CHEMICAL COMPANY, APPELLEES

_________________________________ FROM THE 359TH DISTRICT COURT OF MONTGOMERY COUNTY; NO. 97-12-04730-CV; HONORABLE JIM KEESHAN, JUDGE _______________________________ Before QUINN and REAVIS, JJ., and BOYD, SJ.1 Concurring Opinion I concur in the result reached by the majority for the following reason. Via the “Amendment to Right of Way Agreement” executed on April 20, 1988, Texas Eastman Company was designated the “grantee” or recipient of the easements or rights of way encompassed in both the original grant dated September 5, 1961, and the April 20, 1988

John T. Boyd, Chief Justice (Re t.), Seventh C ourt of Appeals, sitting by assignment. Tex. Gov’t Code Ann. § 75.00 2(a)(1) (V erno n Su pp. 2002 ). amendment. Furthermore, the record illustrates that either Texas Eastman Company has become a part of Eastman Chemical Company or that its assets were obtained by Eastman Chemical. So, to the extent that the easements or rights of way were granted to Texas Eastman and the latter is now part of Eastman Chemical or its assets are owned by Eastman Chemical, there was a merger as defined by the parties in the September 5, 1961 conveyance.

Brian Quinn Justice Do not publish.