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FOSTER v. RAILROAD COMMISSION

No. 10722.

326 S.W.2d 533 (1959)

W. H. FOSTER, Appellant, v. RAILROAD COMMISSION of Texas et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied August 5, 1959.

Attorney(s) appearing for the Case

Black & Stayton, of Austin, for appellant.

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

Jones, Brian & Jones, Marshall, for Curtis Hickey.

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 Curtis Hickey to drill a well on his .625 acre tract in the Bethany Field in Panola County.

Appellant, W. H. Foster, the owner of oil and gas leasehold estates in the field, sued the Commission and Hickey to cancel the above permit.

At the time the suit was filed the well had not been drilled and appellant prayed...

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