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UNITED STATES v. WEST TEXAS COTTONOIL CO.

No. 11533.

155 F.2d 463 (1946)

UNITED STATES v. WEST TEXAS COTTONOIL CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 12, 1946.

Attorney(s) appearing for the Case

Mary Connor Myers, Atty., Office of Solicitor, Department of Agriculture, of Washington, D. C., Brian S. Odem, U. S. Atty., and James K. Smith, Asst. U. S. Atty., both of Houston, Tex., for appellant.

John C. White and Milton K. Eckert, both of Washington, D. C., and Earl G. Stearns, of Houston, Tex., for appellee.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

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...

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