OSBORN v. TEXAS OIL & GAS CORP.

No. 56,362.

661 P.2d 71 (1982)

W.B. OSBORN, Jr., Appellant, v. TEXAS OIL & GAS CORP., a corporation; Floyd Hampsten, individually and as trustee under the will of Helen M. Hampsten, deceased; Karen Hampsten; and Corporation Commission of Oklahoma, Appellees.

Court of Appeals of Oklahoma, Division No. 2.

As Corrected December 13, 1982.

Rehearing Denied December 30, 1982.

As Corrected on Denial of Rehearing March 10, 1983.

Released for Publication April 8, 1983.


Attorney(s) appearing for the Case

William N. Christian, Oklahoma City, for appellant.

Robert A. Miller, Susan E. Ross, Crabtree & Miller, Oklahoma City, for appellee Texas Oil & Gas Corp.

H.B. Watson, Jr., Lee K. Simpson, Watson, McKenzie & Moricoli, Oklahoma City, for appellees Floyd Hampsten and Karen Hampsten.

Jan Eric Cartwright, Atty. Gen., Oklahoma City, for appellee State.


Released for Publication by Order of Court of Appeals April 8, 1983.

BRIGHTMIRE, Judge.

The ultimate question here is whether the corporation commission — once it found that a gas well offsetting a water driven secondary recovery unit maintained by gas pressure was "causing waste and [would] continue to ... so long as it is produced" — had authority to either shut the well in or permanently limit its production to a non-wasteful level. The commission...

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