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OXFORD OIL CO. v. ATLANTIC OIL PRODUCING CO.

No. 5057.

22 F.2d 597 (1927)

OXFORD OIL CO. et al. v. ATLANTIC OIL PRODUCING CO. et al.

Circuit Court of Appeals, Fifth Circuit.

November 23, 1927.

Attorney(s) appearing for the Case

C. L. Bass, of Fort Worth, Tex. (R. H. Ward, of Houston, Tex., and Davis, Jester & Tarver, of Corsicana, Tex., on the brief), for plaintiffs in error.

S. W. Marshall and John L. Young, both of Dallas, Tex., and Paul D. Page, Jr., Asst. Atty. Gen., for defendants in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The Legislature of Texas passed an act in 1919 to conserve the oil and gas resources of that state, which contains a provision that the Railroad Commission should make and enforce rules and regulations for the drilling of wells in such manner as to prevent injury to adjoining property. Texas Revised Civil Statutes (1925) art. 6029. In pursuance of that statute the Railroad Commission adopted rule 37, which is as follows:

"No well for...

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