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EXXON CORP. v. RAILROAD COMMISSION

No. B-7288.

571 S.W.2d 497 (1978)

EXXON CORPORATION, Appellant, v. The RAILROAD COMMISSION of Texas et al., Appellees.

Supreme Court of Texas.

As Corrected On Denial of Rehearing October 25, 1978.

Attorney(s) appearing for the Case

McGinnis, Lochridge & Kilgore, Dean M. Kilgore and Robert C. McGinnis, Austin, Seldon B. Graham, Jr., Houston, for appellant.

John L. Hill, Atty. Gen., Ralph T. Aldave, Asst. Atty. Gen., Austin, Graves, Dougherty, Hearon, Moody & Garwood, Dan Moody, Jr. and Robert C. Grable, Austin, J. S. Rowe and Benny J. Lowe, Midland, for appellees.

GREENHILL, Chief Justice.

This is a direct appeal involving a Railroad Commission order which grants appellee BTA Oil Producers a permit to drill at a requested location under the Commission's Statewide Spacing Rule 37. The central issue in the case is whether BTA Oil Producers was entitled to a permit under the Rule 37 waste exception, taking into consideration economic factors arising from the presence of an existing well bore at the

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