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TEXAS OIL & GAS CORP. v. PHILLIPS PETROLEUM COMPANY

No. 10059.

406 F.2d 1303 (1969)

TEXAS OIL & GAS CORP., a corporation, and John H. Hill, an individual, Appellants, v. PHILLIPS PETROLEUM COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 2, 1969.

Attorney(s) appearing for the Case

George L. Verity, Brown, Verity & Brown, Oklahoma City, Okl., for appellants.

Edward J. Fauss and Don L. Jemison, Oklahoma City, Okl. (Wm. J. Zeman and Lloyd Minter, Bartlesville, Okl., with them on the brief), for appellee.

Before MURRAH, Chief Judge, BREITENSTEIN and HILL, Circuit Judges.

PER CURIAM.

In this federal question suit, wholly between private parties, the appellants, oil and gas lessees of federal lands in Oklahoma, collaterally attack well spacing and forced pooling orders of the Oklahoma Corporation Commission insofar as they undertake to space and pool their federal leases. The effect of the spacing order is to establish a 640 acre spacing unit for the drilling and production of gas and gas condensates from a common source of supply....

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