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CONSTANTIN v. SMITH

No. 365.

57 F.2d 227 (1932)

CONSTANTIN et al. v. SMITH et al.

District Court, E. D. Texas, Tyler Division.

February 18, 1932.

Attorney(s) appearing for the Case

Bailey, Nickels & Bailey, of Dallas, Tex., for complainants.

Elbert Hooper and Fred Upchurch, Asst. Attys. Gen., for respondents Attorney General of Texas and Railroad Commission of Texas.

Paul D. Page, Jr., of Houston, Tex., and Dan Moody and E. F. Smith, both of Austin, Tex., for other respondents.

T. W. Gregory and Samuel B. Dabney, both of Houston, Tex., amici curiæ.

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

HUTCHESON, Circuit Judge (after stating the issues and facts as above).

This suit, involving the exercise of the judicial power of the United States to restrain by injunction R. S. Sterling, W. W. Sterling, and Jacob F. Wolters, holding the offices respectively of Governor of the state of Texas, adjutant general, and brigadier general, from, under the claim of military necessity, limiting the production from plaintiffs' wells in the East Texas oil field where the...

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