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TIDEWATER ASSOCIATED OIL CO. v. J. K. HUGHES OIL CO.

No. 10049.

250 S.W.2d 405 (1952)

TIDEWATER ASSOCIATED OIL CO. et al. v. J. K. HUGHES OIL CO. et al.

Court of Civil Appeals of Texas, Austin.

May 21, 1952.

Attorney(s) appearing for the Case

R. H. Wilden, Houston, Dan Moody, J. B. Robertson, Austin, for appellant Shell Oil Co.

Y. P. Broome Tulsa, Okla., Lloyd Armstrong, Houston, for Tide Water Associated Oil Co.

Rex G. Baker, Nelson Jones, Dillard Baker, Houston, for Humble Oil & Refining Co.

Powell, Wirtz & Rauhut, J. A. Rauhut, Austin, for Tide Water Associated Oil Co. et al.

Price Daniel, Atty. Gen., Charles E. Crenshaw, Executive Asst. Atty. Gen., Dean J. Capp, Asst. Atty. Gen., for R. Commission of Texas.

H. M. Harrington, Jr., Longview, for J. K. Hughes Oil Co.

HUGHES, Justice.

This is a Rule 37 case. The involved permit is for J. K. Hughes Oil Company Well No. 1 on what is known as the Pomp Mitchell heirs 0.64 acre tract out of the J. S. Caruthers and Mary Van Winkle Surveys in the East Texas oil field in Gregg County, Texas.

The permit was granted by the Railroad Commission as an exception to its spacing Rule No. 37 in order to prevent confiscation and waste.

On appeal to the District Court and in a nonjury...

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