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GETTY OIL COMPANY v. JONES

No. B-2391.

470 S.W.2d 618 (1971)

GETTY OIL COMPANY, Petitioner, v. John H. JONES, Respondent.

Supreme Court of Texas.

Rehearing Denied July 28, 1971.

Second Rehearing Denied October 6, 1971.

Attorney(s) appearing for the Case

Clyde E. Willbern and Cloy D. Monzingo, Houston, Turpin, Smith, Dyer, Hardie & Harman, Irby L. Dyer, Midland, for petitioner.

Cayton, Gresham & Fulbright, Karl Cayton and William E. Fulbright, Lamesa, for respondent.

STEAKLEY, Justice.

John H. Jones, respondent, the surface owner of a tract of land in Gaines County, Texas, sued for an injunction to restrain Getty Oil Company, petitioner, an oil and gas lessee, from using vertical space for pumping units that prevent the use by him of an automatic irrigation sprinkler system, and for damages. Upon trial, the jury found that it was not reasonably necessary for Getty to install pumps that...

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