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RAILROAD COM'N OF TEXAS v. HUMBLE OIL & REFINING CO.

No. 11575.

424 S.W.2d 474 (1968)

RAILROAD COMMISSION OF TEXAS et al., Appellants, v. HUMBLE OIL AND REFINING COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 31, 1968.

Second Motion for Rehearing Denied February 21, 1968.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. Atty. Gen., Houghton Brownlee, Jr., Rex. H. White, Jr., Linward Shivers, Asst. Attys. Gen., for appellants.

Rogers & Sayers, Johnnie B. Rogers, Austin, for intervenors.

William H. Tabb, Dallas, James T. Nesbitt, Shreveport, La., McGinnis, Lochridge, Kilgore, Byfield, Hunter & Wilson, B. D. St. Clair, Austin, for appellees.

HUGHES, Justice.

This is a Rule 371 case in which the Railroad Commission of Texas on August 29, 1966, issued a permit to Wiley Richard Lee to drill a first well for oil and gas on a .107 acre tract of land in the East Texas Oil Field in Gregg County "to prevent confiscation and/or to prevent physical waste."

The validity of this permit was...

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