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HUMBLE OIL & REFINING CO. v. TEXAS & PACIFIC RY. CO.

No. A-5218.

289 S.W.2d 547 (1955)

HUMBLE OIL & REFINING COMPANY, Petitioner, v. The TEXAS & PACIFIC RAILWAY COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied May 9, 1956.

Attorney(s) appearing for the Case

Andrews, Kurth, Campbell & Bradley, C. F. Morse, Harry R. Jones and Frank L. Heard, Jr., Houston, Leachman, Gardere, Akin & Porter and Neth Leachman, Dallas, for petitioner.

Baker, Botts, Andrews & Shepherd and LeRoy Denman Moody, Houston, Robertson, Jackson, Payne, Lancaster & Walker, John L. Lancaster, Jr., J. T. Suggs and W. R. McDowell, Dallas, for respondent.

WILSON, Justice.

This is a freight rate refund case involving 31,852 tank carloads of crude oil shipped by rail from Midland, Texas to certain Texas coastal points. Freight was declared and paid on the interstate rate. Humble seeks a refund claiming the intrastate rate was applicable and the interstate rate was paid by mistake. Both sides sought a summary judgment. The trial court entered judgment in favor of the railway...

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