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WBD OIL & GAS v. RAILROAD COM'N OF TEXAS

No. 03-97-00002-CV

35 S.W.3d 34 (1999)

WBD OIL & GAS COMPANY and WBD Oil & Gas Company, Inc., Appellants, v. RAILROAD COMMISSION OF TEXAS; Dan Morales in his Official Capacity as Attorney General of the State of Texas; Anadarko Petroleum Corp.; MidCon Gas Services Corp.; Natural Gas Pipeline Company of America; Midgard Energy Company; and Conoco Inc., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 19, 2001.

Opinion Concurring in Overruling of Rehearing January 19, 2001.

Dissenting Opinion January 19, 2001.

Attorney(s) appearing for the Case

James Douglas Ray [signed], Michael P. Marcin [signed], Charles E. Hampton [signed], Gammage, Hampton, Marcin & Ray, P.L.C.C., Austin, for Appellants.

Philip F. Patman [signed], Patman & Osborn, Austin, for Appellee Anadarko.

John G. Soule [signed], Scott, Douglass, Luton & McConnico, L.L.P., Austin, for Appellee Midgard.

John Cornyn, Atty. Gen., Don Walker [signed], Asst. Atty. Gen., Administrative Law Division, Austin, for Appellee Railroad Commission.

Before Justices JONES, KIDD and POWERS.

J. WOODFIN JONES, Justice.

WBD Oil & Gas Company and WBD Oil & Gas Company, Inc. (collectively "WBD") filed a declaratory judgment action challenging the validity of field rules promulgated by the Railroad Commission of Texas ("Commission") for oil and gas fields in the Texas panhandle.1 The trial court dismissed the suit for want of jurisdiction. In a single point of error, WBD asserts...

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