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BOWLES v. TEXAS LIQUOR CONTROL BOARD

No. 11298.

148 F.2d 265 (1945)

BOWLES, Adm'r, Office of Price Administration, v. TEXAS LIQUOR CONTROL BOARD et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 4, 1945.

Attorney(s) appearing for the Case

Fleming James, Jr., Director, Litigation Division, Office of Price Administration, of Washington, D. C., David B. Love, Regional Litigation Atty., O. P. A., of Dallas, Tex., William P. Dobbins, District Enforcement Atty., O. P. A., of San Antonia, Tex., and James O'Niell, Enforcement Atty., O. P. A., of New Orleans, La., for appellant.

Elbert Hooper, Asst. Atty. Gen. of Texas, for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

In 1943 the Texas Liquor Control Board, an instrumentality of the State of Texas, threatened to sell at public auction to the highest bidder for cash a quantity of liquor that the State had acquired by forfeiture from offenders against its laws. The Administrator of the Office of Price Administration sought to enjoin the sale on the ground that the State had not applied to the O. P. A. for a maximum price thereon as required by regulations promulgated...

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