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HUGHES v. ATLANTIC REFINING COMPANY

No. B-426.

424 S.W.2d 622 (1968)

Robert H. HUGHES, Petitioner, v. The ATLANTIC REFINING COMPANY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 20, 1968.

Attorney(s) appearing for the Case

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

Ramey, Brelsford, Flock & Devereux, Frank L. McClendon and Tom Ramey, Jr., Tyler, Dillard Baker and Walter B. Morgan, Houston, Shank, Irwin & Conant, Ralph B. Shank, Dallas, Cecil C. Cammack, George Conger and George K. Gilbert, Bartlesville, Okl., Spruiell, Lowry, Potter, Lasater & Guinn, Charles F. Potter, Tyler, for respondents.

STEAKLEY, Justice.

This is an appeal in a statutory action to establish that certain described lands in Henderson County, Texas, are vacant and subject to lease. The Court of Civil Appeals affirmed the dismissal of the suit by the trial court for want of jurisdiction. 416 S.W.2d 619. We hold that Petitioner's suit invoked the jurisdiction of the district court but is subject to abatement because of the lack of necessary parties...

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