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ALUMINUM COMPANY OF AMERICA v. BENZ-STODDARD

No. 10999.

357 S.W.2d 809 (1962)

ALUMINUM COMPANY OF AMERICA et al., Appellants, v. Claire BENZ-STODDARD et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 13, 1962.

Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, Raybourne Thompson, James E. Allison, Jr., James W. McCartney, Houston, Clark, Thomas, Harris, Denius & Winters, James H. Keahey, Austin, for appellants.

Will Wilson, Atty. Gen., H. Grady Chandler and Linward Shivers, Asst. Attys. Gen., Austin, Carter, Gallagher, Jones & Magee, Dallas, William E. York, McAllen, Hart & Hart, Austin, for appellees.

ARCHER, Chief Justice.

This is an appeal from an order sustaining appellees' special exceptions and holding that as a matter of law appellee Claire Benz-Stoddard is entitled to well completions in all reservoirs underlying her .115 acre townlot tract. The Trial Court dismissed the suit upon appellants' refusal to amend their petition, because the petition does not state a cause of action for cancellation of the permit granted by the Commission to drill a first well...

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