No. 01-0057

Natural Gas Pipeline Company of America, Midcon Gas Services Corp., and Chesapeake Panhandle Limited Partnership

v.

Joseph H. Pool, et al.

- consolidated with -

No. 01-0058

Natural Gas Pipeline Company of America, Midcon Gas Services Corp., and Chesapeake Panhandle Limited Partnership

v.

Joseph H. Pool, et al.

On Petitions for Review from the

Court of Appeals for the Seventh District of Texas

Argued on March 6, 2002

Justice Owen delivered the opinion of the Court, in which Chief Justice Phillips, Justice Hecht, Justice Schneider, Justice Smith, and Justice Wainwright joined.

Justice Jefferson filed a dissenting opinion.

Justice O=Neill and Justice Brister did not participate in the decision.

We deny Respondents= motion for rehearing.  We withdraw our opinion of August 28, 2003, and substitute the following in its place.