Legal Opinion · Dissent

Railroad Commission of Texas v. Rowan & Nichols Oil Co.

Supreme Court of the United States

Decided June 3, 1940No. 681Published

1DissentJustice Roberts

The petitioners’ proration order is challenged not merely as unfair or unreasonable but as confiscatory of the respondent’s property. Upon the allegations of the bill, the District Court had jurisdiction. Although the problem of proration presented technical and difficult questions, and although the Commission was vested with a broad discretion in dealing with them, these facts could not justify the court’s abdicating its jurisdiction to test the Commission’s order. The case was tried de novo and neither the full record made before the Commission nor its findings appear in the evidence,…

2Cases cited3 opinions

  1. Thompson v. Consolidated Gas Utilities Corp.Supreme Court of the United States · 1937
  2. Railroad Commission of Texas v. Rowan & Nichols Oil Co.Court of Appeals for the Fifth Circuit · 1939
  3. Rowan & Nichols Oil Co. v. Railroad CommissionDistrict Court, W.D. Texas · 1939

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