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TERRELL v. GARY

No. 8768.

98 F.2d 14 (1938)

TERRELL et al. v. GARY.

Circuit Court of Appeals, Fifth Circuit.

July 11, 1938.

Attorney(s) appearing for the Case

William McCraw, Atty. Gen. of Texas, and W. J. Holt, Marvin Trevathan, William C. Davis, and Charles M. Kennedy, Asst. Attys. Gen. of Texas, for appellants.

A. B. Culbertson and Cecil A. Morgan, both of Fort Worth, Tex., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

Appellee brought this suit against the members of the Railroad Commission of Texas, its chief enforcement officer, the Attorney General of Texas, and the District Attorney of Gregg County, praying for a mandatory injunction to compel the Railroad Commission to grant him a tender or permit authorizing him to sell and transport 32,000 barrels of waste and fugitive oil then in storage; and to enjoin the Attorney General and others from instituting...

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