Railroad Commission v. Shell Oil Co.

McCLENDON, Chief Justice.

Rule 37 case. The appeal is from a final judgment cancelling a permit to drill a seventh well upon a 7.39-acre tract in the East Texas Oil Field, and enjoining production thereunder. The permit was granted as an exception to Rule 37 in order to prevent confiscation and to prevent waste; but it was conceded that the permit could not be upheld upon the confiscation theory, and that only 'the issue of waste was involved. All parties defendant have appealed.

Appellant Roosth & Genecov Production Company (called herein the corporation), the only defendant below except the…