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MacMILLAN v. RAILROAD COMMISSION OF TEXAS

No. 390.

51 F.2d 400 (1931)

MacMILLAN et al. v. RAILROAD COMMISSION OF TEXAS et al.

District Court, W. D. Texas, Austin Division.

July 28, 1931.

Attorney(s) appearing for the Case

Saye, Smead, Wilson & Saye, of Longview, Tex., for plaintiffs.

C. L. Black, of Austin, Tex., amicus curiæ.

James V. Allred, Atty. Gen., and Maurice Cheek and Fred Upchurch, Asst. Attys. Gen., for Railroad Commission.

Marion S. Church, of Dallas, Tex., and Robert E. Hardwicke, of Fort Worth, Tex., for defendant Capers.

Conard E. Cooper, of Tulsa, Okl., amicus curiæ.

Before HUTCHESON, Circuit Judge, and WEST and BRYANT, District Judges.

HUTCHESON, Circuit Judge.

This is a suit brought by citizens of another state against the railroad commission of Texas, seeking to have declared unreasonable, unjust, and void, and to restrain the enforcement of, an order of the commission issued by that body in April, 1931, as a part of a program first entered upon by it in August, 1930, to put into effect, in the oil fields of Texas, the plan of operation referred to in this suit and generally as "Proration."

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