Halbouty v. Railroad Commission

SMITH, JUSTICE,

dissenting on Motion for Rehearing.

I respectfully dissent. Upon further consideration, I find that *436to agree with the majority would place me in a completely inconsistent position with that of former decisions of this Court, especially those wherein I was the author of the majority opinions. This is especially true when considered in the light of the decisions in Ryan Consolidated Petroleum Corporation v. Pickens, 155 Tex. 221, 285 S.W. 2d 201, and other cases discussed herein. Not only that, the majority opinion bears out my fear that the Normanna decision was the opening wedge…