Legal Opinion

Hurley v. Federal Tender Board No. 1.

Court of Appeals for the Fifth Circuit

Decided December 27, 1939No. , 9297PublishedCited by 4 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

This appeal comes up on an agreed statement, under Rule 76, Rules of Civil Procedure, 28 U.S.C.A. following section 723c. It presents the single question whether the Federal Tender Board was right in rejecting a Tender Application for oil produced in violation of, and forfeited and sold under, Texas laws. The Board prevailed below, upon the position its takes here, that the Connally Act defines contraband oil1 as, “petroleum * * * produced * * * in excess of the amounts permitted to be produced * * * under the laws of [a] state” * * *; prohibits “the shipment or…

2Cases cited3 opinions

  1. United States v. HillSupreme Court of the United States · 1919
  2. Texas v. DonoghueSupreme Court of the United States · 1937
  3. Griswold v. the President of the United StatesCourt of Appeals for the Fifth Circuit · 1936

3Cited by4 opinions

  1. United States v. BrumfieldDistrict Court, W.D. Louisiana · 1949
  2. President of United States v. SkeenCourt of Appeals for the Fifth Circuit · 1941
  3. Genecov v. Federal Petroleum BoardCourt of Appeals for the Fifth Circuit · 1944
  4. United States v. BrumfieldDistrict Court, W.D. Louisiana · 1949

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