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SUN OIL COMPANY v. WHITAKER

No. B-234.

424 S.W.2d 216 (1968)

SUN OIL COMPANY, Petitioner, v. Earnest WHITAKER et al., Respondents.

Supreme Court of Texas.

January 31, 1968.

Attorney(s) appearing for the Case

Stubbeman, McRae, Sealy & Laughlin, W. B. Browder, Jr., Midland, Charles F. Heidrick and E. M. Cage, Dallas, for petitioner.

Allison, Mann & Allison, Earl R. Allison and Dwight R. Mann, Levelland, Nelson, McCleskey & Harriger, George W. McCleskey, and Don Graf, Lubbock, for respondents.

CALVERT, Chief Justice.

This is an appeal from a judgment of the trial court denying Sun Oil Company's prayer for a temporary injunction, which judgment was affirmed by the court of civil appeals. 412 S.W.2d 680. We affirm.

Earnest Whitaker is the owner of the surface estate and Sun Oil Company is the owner of a mineral leasehold estate in a 267-acre tract of land in Hockley County. Sun acquired its lease on the property...

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