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RAILROAD COMMISSION v. ALUMINUM CO. OF AMERICA

No. 11098.

368 S.W.2d 818 (1963)

RAILROAD COMMISSION of Texas et al., Appellants, v. ALUMINUM COMPANY OF AMERICA et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 26, 1963.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., Joseph Trimble and Linward Shivers, Asst. Attys. Gen., Austin, Wm. H. Darden, Corpus Christi, Hart & Hart, Austin, William E. York, McAllen, Harry S. Pollard, Austin, Lee Jones, Jr., San Antonio, Miller B. Walker, Jr., Nick C. Nichols, Charles F. Cockrell, Jr., and Levert J. Able, Houston, Wallace H. Scott, Jr., and Houghton Brownlee, Jr., Austin, for appellants.

Vinson, Elkins, Weems & Searls, James E. Allison, Jr., Houston, Clark, Thomas, Harris, Denius & Winters, James H. Keahey, Austin, Charles F. Heidrick, Edwin M. Cage, Dallas, for appellees.

PHILLIPS, Justice.

This is an appeal from the judgment of the District Court setting aside an order of the Railroad Commission of Texas dated April 24, 1961 allocating the allowable production of gas and oil in the Appling Field, in Calhoun and Jackson Counties, Texas, and enjoining the Railroad Commission and its members from enforcing the order.

The order under attack, prorates gas on a 1/3 per well, 2/3 acreage basis and the oil on a 50 percent well, 50...

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