Wrather v. Humble Oil & Refining Co.

ON REHEARING.

In my opinion the judgment of the District Court in favor of the defendants should be upheld upon the ground that it is supported by an implied finding of the District Court that the plaintiff had failed to prove itself to be an “interested person affected by” the Railroad Commission’s order, as required by Section 8 of Article 6049c, Vernon’s Annotated Civil Statutes.

This statutory provision is merely a restatement of the settled rule (which seems to be recognized in the majority opinion) that a person attacking the validity of a statute or an administrative order, before he can…