Legal Opinion · Dissent

Tex-O-Kan Flour Mills v. United States

District Court, N.D. Texas

Decided March 15, 1943No. Civ. A. No. 801Published

1DissentHutcheson, Circuit Judge

I cannot at all agree with the majority that the government is right in the position it takes that because the order in question recites that “The Office of Defense Transportation has requested this commission to take action in the matter”, the venue of this suit lies in Washington, where Mr. Eastman, the director of Defense Transportation, resides. Indeed, but for the agreement of the majority with the position of the government that the order in question must be deemed as made upon the petition of a party, I should have said that this position was not only untenable but fanciful in the…

2Cases cited23 opinions

  1. Kansas City Southern Railway Co. v. United StatesSupreme Court of the United States · 1931
  2. Stebbins' Estate v. HelveringCourt of Appeals for the D.C. Circuit · 1941
  3. Vicksburg, Shreveport & Pacific Railway Co. v. Anderson-Tully Co.Supreme Court of the United States · 1921
  4. State v. Tri-State Telephone & Telegraph Co.Supreme Court of Minnesota · 1920
  5. State Ex Inf. Barrett v. ImhoffSupreme Court of Missouri · 1922

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