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ATLANTIC REFINING COMPANY v. NOEL

No. B-331.

443 S.W.2d 35 (1968)

The ATLANTIC REFINING COMPANY, Petitioner, v. W. D. NOEL et al., Respondent.

Supreme Court of Texas.

As Modified on Denial of Rehearing January 15, 1969.

Dissenting Opinion February 19, 1969.

Attorney(s) appearing for the Case

Stubbeman, McRae, Sealy & Laughlin, W. B. Browder, Jr., and Durward M. Goolsby, Midland, for petitioner.

Crawford Martin, Atty. Gen., J. Milton Richardson, Asst. Atty. Gen., Austin, Shepperd & Rodman, Odessa, Pat H. Candler, Dallas, for respondent.

POPE, Justice.

Our former opinion is withdrawn and this opinion is substituted for it. This is a vacancy case. Atlantic Refining Company filed a trespass to try title suit against J. S. Lane, Harry Howard and wife, Bankers Life Company, a mortgagee, and W. D. Noel, the holder of a mineral lease covering the alleged vacancies; and the State of Texas intervened on behalf of the Permanent Free School Fund. The case was tried before the court without a jury. The trial...

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