Railroad Commission v. Beacon Oil & Refining Co.

GRAY, Justice. :

On November 1, 1948, appellee filed this suit against appellants as a statutory appeal from the action of the Commission in not acting on its application for a tender to move 76,465 barrels of crude oil into commerce within twenty days from the date of filing such application, in the alternative, from the order rejecting such application, and also as a suit in equity and for injunctive relief under Section 9 of Article 6066a, V.A.C.S.

Appellee alleged its application for tender was filed May 9, 1941, and ’ further alleged :

“Notwithstanding that defendants were under a mandatory…