Home/Court of Appeals of Texas/Railroad Commission of Texas v. Permian Basin Pipeline Co.

Railroad Commission of Texas v. Permian Basin Pipeline Co.

302 S.W.2d 238, 7 Oil & Gas Rep. 525, 1957 Tex. App. LEXIS 1797
CourtCourt of Appeals of Texas
DecidedApril 17, 1957
Docket10495, 10496
StatusPublished
Cited by13 cases

This text of 302 S.W.2d 238 (Railroad Commission of Texas v. Permian Basin Pipeline Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Railroad Commission of Texas v. Permian Basin Pipeline Co., 302 S.W.2d 238, 7 Oil & Gas Rep. 525, 1957 Tex. App. LEXIS 1797 (Tex. Ct. App. 1957).

Opinion

ARCHER, Chief Justice.

These two cases, although not consolidated for trial, were tried together, have a common record, and involve some common questions of law and of fact, but each case presents some questions of law and fact peculiarly affecting each separate case.

We shall endeavor to determine the questions as presented in each case in one opinion, with such explanations as may appear essential for an understanding of the issues raised by all parties.

The appeal is from final judgments of the court granting both temporary and permanent injunctions.

The judgment in the Permian case, in part, is:

“The Court heard and considered the pleadings, the evidence and the argu- . ment of counsel in this action brought by Plaintiff Permian Basin Pipeline Company against the Railroad Commission of Texas, including the intervention therein of The Atlantic Refining Company and the cross-action filed by the Intervenor, The Atlantic Refining Company, against the Defendant the Railroad Commission of Texas, 'and is of the opinion (1) that the law and the facts are with the Plaintiff Permian Basin Pipeline Company, and it is entitled to recover judgment against the defendant Railroad Commission of Texas as hereinafter decreed; (2) that the law and the facts are with the Defendant Railroad Commission of Texas in the cross-action filed against it by the Intervenor, The Atlantic Refining Company, and that the Railroad Commission of Texas is entitled to judgment denying the Inter-venor, The Atlantic Refining Company, any relief prayed for in its cross-action against the Defendant Railroad Commission of Texas, as hereinafter decreed; (3) that the Order of the Railroad Commission of Texas No. 8-34,-332 dated November 1, 1956, and its Supplemental Order No. 8-34,421 dated November 15, 1956, are void, illegal and unauthorized by law; (4) that the enforcement of such void, illegal and unauthorized orders against the Plaintiff Permian Basin Pipeline Company would inflict irreparable injury and damage upon said Plaintiff, for which it would have no adequate remedy at law; and therefore that the Defendant Railroad Commission of Texas, together with the members thereof, and their agents, servants, and employees should be permanently enjoined from enforcing said orders; and (5) that the status quo in this case was the status existing immediately 'prior to the issuance of said two orders; that it is highly probable that said status quo will be disturbed if the enforcement of said orders is not temporarily enjoined pending the final outcome of any appeal herein; that by virtue of such fact and by virtue of the Court’s conclusion that said orders are void,
*240 illegal and unauthorized, their enforcement should be so temporarily enjoined pending appeal; and that the bonds on file in support of the temporary restraining order are sufficient to protect the Defendants and the Intervenor from injury during the pendency of any appeal.
“Therefore, on the 7th day of January, 1957, it was Ordered, Adjudged and Decreed by the Court as follows:
“(1) That the Plaintiff Permian Basin Pipeline Company have judgment against the Defendant Railroad Commission of Texas, composed of W. J. Murray, Jr., Ernest O. Thompson and Olin Culberson, setting aside and holding for naught the Order of the Railroad Commission of Texas No. 8-34,332 dated November 1, 1956, and its Supplemental Order No. 8-34,421 dated November 15, 1956;
“(2) That the Plaintiff Permian Basin Pipeline Company have judgment against the Defendant Railroad Commission of Texas, composed of W. J. Murray, Jr., Ernest O. Thompson and Olin Culberson, permanently enjoining said Defendants, their agents, servants and employees from enforcing the aforesaid orders of the Railroad Commission of Texas, and further permanently enjoining said Defendants from in any way penalizing Plaintiff Permian Basin Pipeline Company, or inflicting any sanctions upon it for its failure to obey said orders; * * *”

The judgment in the Phillips case, in part,

“The Court heard and considered the pleadings, the evidence and the argument of counsel in this action brought by Plaintiff, Phillips Petroleum Company, against the Railroad Commission of Texas, including the intervention therein of The Atlantic Refining Company and the cross action filed by the Intervenor, The Atlantic Refining Company, against the Defendant, Railroad Commission of Texas; and the Court is of the opinion (1) that the law and the facts are with the Plaintiff, Phillips Petroleum Company, and it is entitled to recover judgment against the Defendant, Railroad Commission of Texas, as hereinafter decreed, and (2) that the law and the facts are with the Defendant, Railroad Commission of Texas, in the cross action filed against it by the Intervener, The Atlantic Refining Company, and that the Railroad Commission of Texas is entitled to judgment denying the Intervener, The Atlantic Refining Company, any relief prayed for in its cross action as hereinafter decreed.
“It Is Therefore, on this 7th day of January, 1957, Ordered, Adjudged and Decreed (1) that the Orders of the Railroad Commission of Texas Nos. 8-34,332 and 8-34,421 of November 1 and November 15, 1956, respectively pertaining to the Puckett-EUenburger reservoir in Pecos County, Texas, be set aside, and they are hereby set aside and held for naught, (2) that the Inter-vener, The Atlantic Refining Company, be, and it is hereby denied any recovery on its cross action against the Defendant, Railroad Commission of Texas, and (3) that the Plaintiff, Phillips Petroleum Company, have judgment against the Defendant, Railroad Commission of Texas, composed of Chairman Wm. J. Murray, Jr., and Commissioners Olin Culberson and Ernest O. Thompson, permanently enjoining said Defendant, its agents, servants and employees, from enforcing in any way the aforesaid orders.”

The orders complained of are as follows

*241

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Bluebook (online)
302 S.W.2d 238, 7 Oil & Gas Rep. 525, 1957 Tex. App. LEXIS 1797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/railroad-commission-of-texas-v-permian-basin-pipeline-co-texapp-1957.