SELBY OIL & GAS CO. v. RAILROAD COMMISSION OF TEXAS

No. 9729.

128 F.2d 334 (1942)

SELBY OIL & GAS CO. et al. v. RAILROAD COMMISSION OF TEXAS et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 30, 1942.


Attorney(s) appearing for the Case

Dan Moody, of Austin, Tex., and E. R. Hastings, of Tulsa, Okl., for appellants.

Gerald C. Mann, Geo. W. Barcus, James P. Hart, James D. Smullen, and Ed Roy Simmons, all of Austin, Tex., and W. Edward Lee, of Tyler, Tex., for appellees.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

Exhibiting the requisite diversity, and brought in the appropriate court, the United States District Court of Travis County, Texas, to hold invalid and cancel an order granting a drilling permit and to enjoin all action under it, the suit presented two claims for relief each resting on a distinct jurisdictional basis. In one of these, a claim that the order deprived plaintiffs of their property without due process of law, in violation of...

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