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SUN OIL COMPANY v. WHITAKER

No. 4363.

457 S.W.2d 96 (1970)

SUN OIL COMPANY, Appellant, v. Earnest WHITAKER, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 17, 1970.

Attorney(s) appearing for the Case

Stubbeman, McRae, Sealy & Laughlin, W. B. Browder, Jr. and James G. Noland, Midland, James K. Walker, Morton, Charles F. Heidrick and E. M. Cage, Dallas, for appellant.

Nelson, McCleskey & Harriger, George W. McCleskey, Lubbock, Earl R. Allison, Morgan Mill, Dwight R. Mann, Levelland, for appellee.

COLLINGS, Justice.

Sun Oil Company brought this suit seeking a permanent injunction against Earnest Whitaker and his tenant son-in-law, Doyle Henderson, enjoining them from interfering with plaintiff's production of not more than 100,000 gallons of fresh water per day from Whitaker's 267.7 acres of land to use in waterflooding plaintiff's oil and gas lease thereon. Sun contends that the lease gave it this right as a matter of law. Whitaker filed an answer and cross...

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