In "Compulsory Oil and Gas Unitization," Professor Maurice H. Merrill launched an attack on unitization of oil and gas reservoirs in the form of a sharply critical review of the decision by the United States Court of Appeals for the Seventh Circuit in favor of the defendant in Peter Fox Brewing Co. v. Sohio Petroleum Co. Terming his review the "hypothetical judgment" of a mythical court of justice, Professor Merrill stated that, if the questions involved were determined improperly, "the effect of the precedent, if we allow it to go unexamined, may be most unfortunate." On the other hand, if Professor Merrill's disagreement with the decision was based upon an erroneous concept of the facts of the case, it would be even more unfortunate if his review were permitted to stand unchallenged.
George W. Hazlett,
Unitization of Oil and Gas Reservoirs: A Reply to Professor Merrill,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol63/iss3/5