HALL & BRISCOE Inc. v. CORPORATION COMM'N

HALL & BRISCOE Inc. v. CORPORATION COMM'N
1934 OK 326
33 P.2d 505
168 Okla. 365
Case Number: 24949
Decided: 05/29/1934
Supreme Court of Oklahoma

HALL & BRISCOE, Inc.,
v.
CORPORATION COMMISSION.

Syllabus

¶0 Oil and Gas--Enforcement of Proration Law--Giving Statutory Notice as Prerequisite to Order of Corporation Commission Restricting Production.
The giving of the notice provided by section 7959, C. O. S. 1921 [O. S. 1931, sec. 11570], before entering an order restricting the production of oil from a particular source of supply is mandatory, and upon failure to give such notice, the Corporation Commission is without jurisdiction to enter an order restricting production and requiring ratable taking.

Appeal from an order of the Corporation Commission by Hall & Briscoe, Inc. Reversed and remanded, with directions.

Cicero I. Murray, Lee B. Thompson, and W. A. Carlile, for plaintiff in error.
Edwin Dabney, Proration Attorney, for defendant in error.

OSBORN, J.

¶1 A stipulation filed by the parties hereto is to the effect that the issues of law and fact in this case are identical with those in the case of McArthur-Pruitt, Inc., v. Corporation Commission, No. 24914, this day decided, 168 Okla. 365, 33 P.2d 504. It is further stipulated that a decision in that case shall govern in this case.

¶2 Therefore, upon the authority of said case, this day decided by this court, the order of the Corporation Commission is vacated, and the cause remanded, with directions to dismiss the same.