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COASTAL GULF OIL CO. v. DELHI-TAYLOR OIL CORP.

No. 13588.

341 S.W.2d 224 (1960)

COASTAL GULF OIL COMPANY et al., Appellants, v. DELHI-TAYLOR OIL CORPORATION et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied December 21, 1960.

Attorney(s) appearing for the Case

Yarborough, Brigman, Talley & Lucas, Houston, for appellants.

Turner, White, Atwood, McLane & Francis, Dallas, Charles E. Thompson, McAllen, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, F. E. Butler, McAllen, for appellees.

MURRAY, Chief Justice.

This case is on all fours with the case of Holmes v. Delhi-Taylor Oil Corp., Tex. Civ.App., 337 S.W.2d 479.

The majority of this Court, with Justice POPE dissenting, decided that the matter in controversy was one over which the Railroad Commission of this State has primary jurisdiction, and that such primary jurisdiction must first be exhausted before resort can be had to the courts.

The Supreme...

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