Legal Opinion

United States v. West Texas Cottonoil Co.

Court of Appeals for the Fifth Circuit

Decided May 21, 1946No. 11533PublishedCited by 13 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

The suit was for marketing penalties imposed by the Agricultural Adjustment Act of 19381 in respect of excess cotton disposed of in 1939 to the Government of France. The defenses were (1) that the cotton was not marketed but was requisitioned and hence was not subject to penalty; (2) that if it was marketed, the marketing took place in a foreign country outside of the jurisdiction of the United States and beyond the reach of its laws, and, therefore, was not subject to penalty.

The district judge, agreeing with the first defense that the cotton was not marketed within…

2Cases cited14 opinions

  1. Wickard v. FilburnSupreme Court of the United States · 1942
  2. American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
  3. Billings v. United StatesSupreme Court of the United States · 1914
  4. Fairbank v. United StatesSupreme Court of the United States · 1901
  5. Mulford v. SmithSupreme Court of the United States · 1939

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Rodgers v. United StatesSupreme Court of the United States · 1947
  2. United States v. Ethan Stangland, United States of America v. Max MunkCourt of Appeals for the Seventh Circuit · 1957
  3. United States v. Michael Schiavone & Sons, Inc.Court of Appeals for the First Circuit · 1971
  4. Illinois Central Railroad Company, Cross-Appellant v. Texas Eastern Transmission Corporation, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1977
  5. Hewett M. Reeves v. International Telephone & Telegraph CorporationCourt of Appeals for the Fifth Circuit · 1983

8 more not listed; retrieve them via the Exa API.

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