ATLANTIC REFINING CO. v. RAILROAD COMMISSION

No. 10696.

330 S.W.2d 494 (1959)

ATLANTIC REFINING COMPANY et al., Appellants, v. RAILROAD COMMISSION of Texas et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 6, 1960.


Attorney(s) appearing for the Case

Stofer, Houchins, Anderson & Smith, Victoria, Black & Stayton, Austin, for appellants.

Will Wilson, Atty. Gen., James N. Ludlum, First Asst. Atty. Gen., John Wildenthal, Jr., Linward Shivers, Paul Floyd, Asst. Attys. Gen., Strasburger, Price, Kelton Miller & Martin, Robert B. Payne, Dallas, for appellees.


ARCHER, Chief Justice.

This is a Rule 37 case. Special exceptions to plaintiffs' [appellants'] petition were sustained by the 98th District Court of Travis County and, appellants having declined to amend their petition, the cause was dismissed.

The appeal is founded on three points, the first two are directed to the proposition that since appellees' tract of less than one acre contained gas reserves of a value of $5,000 and that the cost to drill a well was...

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