HASTINGS v. SELBY OIL & GAS CO. 319 U.S. 348 (1943)

Rehearing Denied June 21, 1943. See 320 U.S. 214 , 63 S.Ct. 1443, 87 L.Ed. --. [319 U.S. 348, 349]   Mr. W. Edward Lee, of Tyler, Tex., for petitioners O. L. Hastings et al.

Mr. James D. Smullen, of Austin, Tex., for petitioner Railroad Commission of Texas.

Mr. Dan Moody, of Austin, Tex., for respondents.

Mr. Justice BLACK delivered the opinion of the Court.

This is an action in the nature of an equity proceeding brought by the respondents to cancel an order of the Texas Railroad Commission granting petitioners Hastings and Dodson a permit under Rule 37 of the Railroad Commission to drill an oil well. The Respondents contend that the order granting a permit to the petitioners deprives them of property without due process of law, and that the order is invalid as a matter of Texas law. Jurisdiction is rested on diversity of citizenship.

There are no significant differences between the problems presented here and those in Burford v. Sun Oil Co., 319 U.S. 315 , 63 S.Ct. 1098, 87 L.Ed. --, decided this day. For the reasons set forth in that opinion, the decision below is reversed and the cause is remanded with instructions to dismiss the complaint.

It is so ordered.

Reversed and remanded.

The CHIEF JUSTICE, Mr. Justice ROBERTS, Mr. Justice REED, and Mr. Justice FRANKFURTER dissent for the reasons stated by them in dissent to Burford v. Sun Oil Co., 319 U.S. 315 , 63 S.Ct. 1098, 87 L.Ed. --.