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GULF LAND CO. v. ATLANTIC REFINING CO.

No. 9514.

113 F.2d 902 (1940)

GULF LAND CO. v. ATLANTIC REFINING CO. et al. RAILROAD COMMISSION OF TEXAS et al. v. SAME.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied September 16, 1940.

Attorney(s) appearing for the Case

W. B. Harrell and Russell Allen, both of Dallas, Tex., and W. W. Heath, of Austin, Tex., for appellant Gulf Land Co.

Gerald C. Mann, Geo. W. Barcus, James P. Hart, Ed. Roy Simmons, and Edgar W. Cale, all of Austin, Tex., for appellants Railroad Commission of Texas and others.

John W. Stayton, of Austin, Tex., for appellees Atlantic Refining Co. and others.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

Brought as a statutory suit under Section 8, Article 6049c, Vernon's Texas Statutes 1936,1 and also as a suit in defense of rights granted by the First Article of the State Constitution, Vernon's Tex.St. 1936, and the 14th Amendment to the Federal Constitution, the suit was to hold invalid and cancel an order granting a drilling permit to the Gulf Land Company, and to enjoin the production of oil from the well...

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