Atchley v. Superior Oil Company

KEITH, Justice.

This is a vacancy case in which the trial court entered a summary judgment in favor of the defendants, finding that no vacancy existed. We review a tremendous record which takes up four drawers of a legal filing cabinet; and, it is obvious that while we must make a lengthy statement from the record, many facets thereof will escape mention.

I. Statement of Case

Walter C. Atchley, plaintiff below, instituted suit in the District Court of San Pa-tricio County under the provisions of § 6, Art. 5421c, Vernon’s Ann.Civ.St., following the rejection of his vacancy application by the…