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WADDELL v. EMPIRE DRILLING COMPANY

No. 3688.

358 S.W.2d 221 (1962)

Doyce Ray WADDELL et al., Appellants, v. EMPIRE DRILLING COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 15, 1962.

Attorney(s) appearing for the Case

Garland Casebier, Frank Ashby, Midland, for appellants.

Pat Beene, County Atty., Bonham, Perkins, Bezoni, Kirwan & McWhorter, Midland, for appellees.

COLLINGS, Justice.

Doyce Ray Waddell and Jimmy Carroll Waddell brought suit against Empire Drilling Company and Milhoan Drilling Company to recover the value of water alleged to have been taken by defendants from ponds on plaintiffs' land. The defendant drilling companies impleaded Frank Miller and Don Cox, tenants under a grazing lease from plaintiffs, as third party defendants. Defendants alleged that said third party defendants had represented they were the owners...

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