HASTINGS ET AL.
v.
SELBY OIL & GAS CO. ET AL.
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The Court held that the case should be dismissed based on the reasoning in Burford v. Sun Oil Co.
Respondents sought to cancel an order granting petitioners a permit to drill an oil well, alleging deprivation of property without due process and inv…
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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., ante, p. 315. 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.
The Chief Justice, Mr. Justice Robeets, Mr. Justice Reed, and Mr. Justice Feankfuetee dissent for the reasons stated by them in dissent to Burjord v. Sun Oil Co., ante, p. 315.
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Schultz v. Coral Gables Fed. Sav. & Loan Ass'n, 505 F. Supp. 1003 (S.D. Fla. 1981)…icate a controversy properly before it. See generally, Colorado River Water Conservation District v. United States, 424 U.S. 800, 813-16, 96 S.Ct. 1236, 1244-46, 47 L.Ed.2d 483 (1976); Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1443 (1943). Moreover, under our dual system of courts, state courts are expected to, and are fully competent to, decide issues like the defense of preemption raised by Coral Gables. Review of those decisions is available in the state appellate system an…