Roosth & Genecov Production Co. v. Shell Oil Co.

McClendon, chief justice.

Rule 37 case. The appeal is from a final judgment cancelling a permit to drill well No. 3 on a 1.61-acre tract in the East Texas Oil Field and enjoining production thereunder. The Shell (Shell Oil Company, Incorporated, owner of a leasehold upon an adjoining tract) was plaintiff, and the Commission (Railroad Commission of Texas) and R&G (Roosth & Genecov Production Company, a Texas corporation) were defendants. The permit was granted as an exception to Rule 37, to prevent confiscation of property and physical waste. R&G alone has appealed.

Two assignments of error…