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  5. 302 S.W.2d 238 (1957)
 

RAILROAD COM'N OF TEXAS v. PERMIAN BASIN PIPELINE CO.

Nos. 10495, 10496.

302 S.W.2d 238 (1957)

RAILROAD COMMISSION OF TEXAS and the Atlantic Refining Company, Appellants, v. PERMIAN BASIN PIPELINE COMPANY, Appellee. RAILROAD COMMISSION OF TEXAS and the Atlantic Refining Company, Appellants, v. PHILLIPS PETROLEUM COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 8, 1957.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., James N. Ludlum, First Asst. Atty. Gen., Black & Stayton, Austin, for appellants.

Lawrence I. Shaw, F. Vinson Roach, Jack C. Osborne, Omaha, Neb., Looney, Clark & Moorhead, Austin, for Permian Basin Pipeline Co.

Rayburn L. Foster, Harry D. Turner, Bartlesville, Okl., E. H. Foster, Boyd D. Taylor, C. J. Roberts, Amarillo, for Phillips Petroleum Co.

ARCHER, Chief Justice.

These two cases, although not consolidated for trial, were tried together, have a common record, and involve some common questions of law and of fact, but each case presents some questions of law and fact peculiarly affecting each separate case.

We shall endeavor to determine the questions as presented in each case in one opinion, with such explanations as may appear essential for an understanding of the issues raised by all parties...

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