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SUN OIL COMPANY v. MARTIN

No. 20865.

330 F.2d 5 (1964)

SUN OIL COMPANY, Appellant, v. Harry L. MARTIN et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 4, 1964.

Attorney(s) appearing for the Case

Edwin M. Cage, Dallas, Tex., Jack Skaggs, Carter, Stiernberg, Skaggs & Koppel, Harlingen, Tex., Charles F. Heidrick, Dallas, Tex., for appellant.

Joseph W. Moore, Fouts, Moore, Williams & Caldwell, Houston, Tex., for appellees V. F. Neuhaus and Rio Grande Valley Gas Company.

John W. Stayton, Black & Stayton, Austin, Tex., for appellee Harry L. Martin.

Leon Jaworski, Houston, Tex., amicus curiae.

Before TUTTLE, Chief Judge, and HUTCHESON and GEWIN, Circuit Judges.

HUTCHESON, Circuit Judge.

This is an appeal from a judgment based on a carefully considered opinion1 of the district judge, dismissing the suit on the ground that the matter in controversy was one of which the Railroad Commission had primary jurisdiction and of which therefore the district court was without jurisdiction.

The question is exhaustively and well argued in the briefs of the parties, in a brief amicus curiae filed in...

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