HARLINGEN CANNING CO. v. COMMODITY CREDIT CORP.

No. 13521.

193 F.2d 176 (1951)

HARLINGEN CANNING CO. v. COMMODITY CREDIT CORP.

United States Court of Appeals Fifth Circuit.

December 14, 1951.


Attorney(s) appearing for the Case

R. Dean Moorehead, Donald S. Thomas, Austin, Tex., for appellant.

William R. Eckhardt, III, Asst. U. S. Atty., Brian S. Odem, U. S. Atty., Houston, Tex., for appellee.

Before JOSEPH C. HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges.


HOLMES, Circuit Judge.

This action was brought by appellant, a Texas corporation against appellee to recover a subsidy, allegedly due it under the contract between the parties hereto, covering canned tomato products packed and sold during the 1946 season. The appellant's entire capital stock was owned by its president, H. E. Butt, who at the same time also owned 85% of the capital stock and was president of the H. E. Butt Grocery Company, a Texas corporation, engaged...

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