311 U.S. 578

61 S.Ct. 347

85 L.Ed. 363

RAILROAD COMMISSION OF TEXAS and Lon A. Smith, Ernest O. Thompson, et al., etc., Appellants,
v.
HUMBLE OIL & REFINING COMPANY.

No. 57.

Supreme Court of the United States

Argued Dec. 12, 1940.

January 6, 1941

Messrs. James P. Hart and W. F. Moore, both of Austin, Tex., for appellants.

Messrs. Rex G. Baker and Carl Illig, Jr., both of Houston, Tex., J. A. Rauhut, of Austin, Tex., and Robert E. Hardwicke, of Fort Worth, Tex. (Messrs. E. E. Townes and R. E. Seagler, both of Houston, Tex., of counsel), for appellee.

Mr. Justice FRANKFURTER delivered the opinion of the Court.

1

This case is a companion case to Railroad Commission v. Rowan & Nichols Oil Company, 311 U.S. —-, 61 S.Ct. 343, 85 L.Ed. —-, decided this day. There are minor variations in the facts of the two cases, but not of sufficient moment to call for particularization. The decision in the Rowan & Nichols case is decisive of this.

2

The decree is vacated and the case is remanded to the district court for dismissal of the complaint. So ordered.

3

Decree vacated and case remanded.

4

The CHIEF JUSTICE, Mr. Justice McREYNOLDS and Mr. Justice ROBERTS dissent.