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DOUBLE-EAGLE LUBRICANTS, INC. v. STATE OF TEXAS

Civ. A. No. 3-995.

248 F.Supp. 515 (1965)

DOUBLE-EAGLE LUBRICANTS, INC., a corporation, v. The STATE OF TEXAS.

United States District Court N. D. Texas, Dallas Division.

December 10, 1965.

Attorney(s) appearing for the Case

John B. Ogden, Oklahoma City, Okl., for plaintiff.

Robert W. Norris, Asst. Atty. Gen., Waggoner Carr, Atty. Gen., Hawthorne Phillips, T. B. Wright, Howard M. Fender, Lonny F. Zwiener, Asst. Attys. Gen., with him on the brief, Austin, Tex., for defendant.

James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, E. K. Elkins, Washington, D. C., for Federal Trade Commission as amicus curiae.

Before BROWN, Circuit Judge, and DAVIDSON and HUGHES, District Judges.

HUGHES, District Judge.

This suit was brought by Double-Eagle Lubricants, Inc., an Oklahoma corporation, against the State of Texas seeking a declaratory judgment and injunction against the enforcement of Article 1106(b) Vernon's Annotated Penal Code of Texas.

Double-Eagle is in the business of purchasing previously used oil (crank case drainings) which it refines and then sells to dealers for resale to the public.

Article 1106(b) Vernon's Annotated...

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