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HUGHES v. ATLANTIC REFINING COMPANY

No. 289.

416 S.W.2d 619 (1967)

Robert H. HUGHES, Appellant, v. The ATLANTIC REFINING COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied June 29, 1967.

Attorney(s) appearing for the Case

Holloway & Hunt, Pat S. Holloway, Dallas, B. R. Reeves, Palestine, Tex., Robert H. Hughes, Dallas, for appellant.

Walter B. Morgan and Dillard Baker, Houston, for appellee, Humble Oil & Refining Co.

George K. Gilbert, Cecil C. Cammack, George Conger, Bartlesville, Okl., Spruiell, Lowry, Potter, Lasater & Guinn, Charles F. Potter, Tyler, for appellee Cities Service Oil Co.

Ramey, Brelsford, Flock & Devereaux, Tom B. Ramey, Jr., and Frank L. McClendon, Tyler, for appellees, The Atlantic Refining Co. and Amerada Petroleum Corp.

Shank, Irwin, Conant & Williamson, Ralph B. Shank, Dallas, for appellee Hunt Petroleum Corp.

SELLERS, Justice.

Robert H. Hughes, appellant, filed his application with the County Surveyor of Henderson County for the purpose of establishing that the lands described in said application were vacant lands, this application being provided for in Article 5421c. Vernon's Ann.Tex.St. Section 6(c) and (d) of this article provides:

"(c) Any applicant who claims that a vacancy exists and desires to lease or purchase same shall file in duplicate with the County...

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