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S. On Appeal From the Third Court of Appeals, Austin, Texas REPLY BRIEF ON THE MERITS OF PETITIONER PIONEER EXPLORATION, LTD. DAVID GROSS State Bar No. 08531450 Gross & Nelson 12400 Hwy. 71 W. Suite 350-230 Austin, TX 78734 Tel: (512) 263-8046 Fax: (512) 263-2702 ATTORNEYS FOR PETITIONER, PIONEER EXPLORATION, LTD. Date: August 14, 2009 IDENTITY OF PARTIES AND COUNSEL Party Counsel Texas Citizens for Clean Water and a Safe Future David O. Frederick Marisa Perales Lowerre Frederick Peral.

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