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HALBOUTY v. DARSEY

No. 10717.

326 S.W.2d 528 (1959)

Michel T. HALBOUTY et al., Appellants, v. W. G. DARSEY, Jr., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied August 5, 1959.

Attorney(s) appearing for the Case

James Noel, Houston, Powell, Rauhut, McGinnis & Reavley, Austin, for Michel T. Halbouty.

Turner, Rodgers, Winn, Scurlock & Terry, Dallas, for Pan American Petroleum Corp.

Wallace H. Scott, Jr., Walter R. Koch, Austin, for W. G. Darsey, Jr.

Will Wilson, Atty. Gen., James N. Ludlum, 1st Asst. Atty. Gen., Linward Shivers, Paul Floyd, John Wildenthal, Jr., Asst. Attys. Gen., for Railroad Commission.

GRAY, Justice.

This is a Rule 37 case and is an appeal from a judgment sustaining an order of the Railroad Commission granting a permit to W. G. Darsey, Jr., for a well on his .48 acre tract in the Port Acres Field in Jefferson County.

The permit was granted December 22, 1958, "to prevent confiscation and or to prevent physical waste."

Appellant, Michel T. Halbouty, filed this suit against the Commission and Darsey to set aside the above order as being...

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