Lippincott v. Atlantic Refining Co.

O’QUINN,_ Justice.

This is a Rule 37 case; see Gulf Land Co. v. Atlantic Refining Co., 134 Tex. 59, 131 S.W.2d 73, for a statement of the rule.

On the 4th day of June, 1940, to prevent confiscation of property and physical waste, appellant, Ben Lippincott, was granted a permit as an exception to Rule 37 to drill and operate well No. 2 on the S. K. Andrews l%-acre lease in the William F. Hyde survey in Rusk County. Appellees, Atlantic Refining Company and Shell Oil Company, appeared before the Commission and contested the granting of the permit, and on the 19th day of July, 1940, filed their…