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SADLER v. AKIN

No. 11747.

452 S.W.2d 938 (1970)

Jerry SADLER, Commissioner of the General Land Office of the State of Texas, Appellant, v. O. L. AKIN and Melvin L. Carden, Individually and as Assignees of Tomie Akin, Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 15, 1970.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, 1st Asst. Atty. Gen., Pat Bailey, Executive Asst. Atty. Gen., Houghton Brownlee, Jr., and James H. Quick, Asst. Attys. Gen., Austin, for appellant.

Henry T. Ray, Amarillo, for appellees.

PHILLIPS, Chief Justice.

This suit was filed in the district court as an appeal from an order of Jerry Sadler, Commissioner of the General Land Office, cancelling four mineral prospecting permits and forfeiting a mining lease pursuant to Vernon's Ann.Tex.Rev.Civ. Stat.Ann. art. 5421c-7.

After overruling the State's plea in abatement that the suit was against the State without prior legislative permission having been obtained, the trial court granted Plaintiff...

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