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BARRETT v. ATLANTIC RICHFIELD COMPANY

No. 29795.

444 F.2d 38 (1971)

A. T. BARRETT, Jr., Plaintiff-Appellant, v. ATLANTIC RICHFIELD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 17, 1971.

Attorney(s) appearing for the Case

S. Norman Sorrell, A. J. Mandell, Mandell & Wright, Houston, Tex., for appellant.

Rush Moody, Jr., Midland, Tex., Jerry Sadler, Austin, Tex., Albert Schiemenz, Midland, Tex., The Duval Corporation, Houston, Tex., Harrell Feldt, Stubbeman, McRae, Sealy, Laughlin & Browder, Midland, Tex., for appellee.

Before WISDOM, THORNBERRY, and DYER, Circuit Judges.

WISDOM, Circuit Judge:

The appellant, A. T. Barrett, Jr., asks this Court to reverse an order of the district court dismissing his complaint and to direct the court to convene a three-judge court to hear his constitutional attack upon the system devised by the State of Texas for awarding development rights to the sulphur underlying its public school lands. We have concluded that the district court should not have reached a decision on the merits, but rather should...

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