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HURLEY v. FEDERAL TENDER BOARD NO. 1

No. 9297.

108 F.2d 574 (1939)

HURLEY v. FEDERAL TENDER BOARD NO. 1.

Circuit Court of Appeals, Fifth Circuit.

December 27, 1939.

Attorney(s) appearing for the Case

John D. Glass, of Tyler, Tex., for appellant.

Steve M. King, U. S. Atty., and Warren Moore, Asst. U. S. Atty., both of Beaumont, Tex., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

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

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