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SEAGULL ENERGY E & P v. RAILROAD COM'N

No. 03-02-00352-CV.

99 S.W.3d 232 (2003)

SEAGULL ENERGY E & P, INC., Appellant, v. RAILROAD COMMISSION OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 6, 2003.

Attorney(s) appearing for the Case

Michael E. McElroy, Mickey R. Olmstead, Gregory S. Friend, McElroy, Sullivan, Ryan & Miller, L.L.P., Austin, for appellant.

Priscilla M. Hubenak, Assistant Attorney General, Austin, for appellee.

Before Justices KIDD, B.A. SMITH and YEAKEL.

OPINION

MACK KIDD, Justice.

This case is an appeal from a Railroad Commission ("the Commission") order denying an exception to the well spacing and density field rules in the Waskom (Cotton Valley) Field. See Tex. Gov't Code Ann. § 2001.174 (West 2000). Seagull Energy E & P, Inc. ("Seagull") chose to shut in its gas well, which produced from only one of three gas deposits underlying its lease, and drill a second well it hoped would...

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