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RAILROAD COMMISSION OF TEXAS v. TEXAS COMPANY

No. 10442.

298 S.W.2d 666 (1957)

RAILROAD COMMISSION OF TEXAS, Appellant, v. The TEXAS COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 20, 1957.

Attorney(s) appearing for the Case

John Ben Shepperd, Atty. Gen., Gordon Thrall, Mert Starnes, Asst. Attys. Gen., Austin. On Motion for Rehearing: Will Wilson, Atty. Gen., James N. Ludlum, First Asst. Atty. Gen., Edwards A. Cazares, Asst. Atty. Gen., for appellant.

Robert J. Derby, Houston, W. N. Sands, Fort Worth, Black & Stayton, Austin, for appellee.

HUGHES, Justice.

This is a Rule 37 case in which the Railroad Commission of Texas is appellant and The Texas Company is appellee.

The Texas Company sougth an exception to the spacing rulesin order to drill Well No. 24 on its 182.8 acre lease in the McElroy field in Crane and Upton Counties. The exception sought was denied by the Commission and granted by the Court below. Confiscation only, and not waste, is involved.

In 1929 The Texas Company purchased...

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