Appellants General Land Office and The State of Texas seek to set aside a summary judgment of the district court of Travis County in a declaratory judgment suit. All relevant considerations are identical to those in General LandOffice of the State *Page 540 of Texas, State of Texas, and Garry Mauro v. RutherfordOil Corporation, Conoco, Inc., and Ladd PetroleumCorporation, 802 S.W.2d 65 (Tex.App. 1990). For the reasons stated in Rutherford Oil, we affirm the judgment of the district court.