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SMITH v. MERRILL

No. 7770.

81 F.2d 609 (1936)

SMITH et al. v. MERRILL et al.

Circuit Court of Appeals, Fifth Circuit.

January 28, 1936.

Attorney(s) appearing for the Case

Felix A. Raymer, of Houston, Tex., Thos. B. Ramey, of Tyler, Tex., and Wm. McCraw, Atty. Gen., of Texas, and Harry S. Pollard and Archie D. Gray, Asst. Attys. Gen., of Texas, for appellants.

Fred Hull, of Tyler, Tex., for appellees.

Before HUTCHESON, Circuit Judge, and DAWKINS, and STRUM, District Judges.

DAWKINS, District Judge.

Plaintiffs below, the trustees of a colored cemetery association, and their lessee, brought this suit against the individual members of the Railroad Commission of the state of Texas, and its general enforcement officer, to enjoin interference with drilling for oil upon a tract of land consisting of three-tenths of an acre, claimed to belong to said cemetery association. Under a rule of the court below...

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