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FEDERAL TENDER BOARD NO. 1 v. HAYNES OIL CORPORATION

No. 7856.

80 F.2d 468 (1935)

FEDERAL TENDER BOARD NO. 1 v. HAYNES OIL CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

December 5, 1935.

Attorney(s) appearing for the Case

Richard H. Hill, Sp. Asst. to Atty. Gen., and S. D. Bennett, U. S. Atty., of Beaumont, Tex., for appellant.

J. N. Saye and W. T. Saye, both of Longview, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

The appellant is a board created by presidential order under section 5 (b) of the Act of Feb. 22, 1935 (15 U.S.C.A. § 715d (b), to issue certificates of clearance for the movement of petroleum in interstate commerce. It refused a certificate for 15,794 barrels of petroleum produced and owned by appellee as being contraband oil under the act. The order was set aside by the District Court and a decree entered that a certificate should be...

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