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UNITED STATES v. BURLEIGH

No. 9220.

110 F.2d 793 (1940)

UNITED STATES ex rel. FARM CREDIT ADMINISTRATION v. BURLEIGH.

Circuit Court of Appeals, Ninth Circuit.

April 2, 1940.

Attorney(s) appearing for the Case

Carl C. Donaugh, U. S. Atty., and J. Mason Dillard, Asst. U. S. Atty., both of Portland, Or., for appellant.

Burleigh & Burleigh and J. A. Burleigh, all of Enterprise, Or., and Jay Bowerman, of Portland, Or., for appellee.

Dana E. Brinck and J. Webster Hancox, both of Spokane, Wash., and Richard W. Young, of Berkeley, Cal., amici curiae.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

The suit is on a promissory note executed by appellee Burleigh in favor of the Secretary of Agriculture. The trial court denied recovery. D.C., 26 F.Supp. 938.

By act of February 14, 1931 (Public No. 666, 71st Cong., 46 Stat. 1160, Congress appropriated $20,000,000 to be used by the Secretary of Agriculture "to make advances or loans to individuals in the drought and/or storm or hail stricken areas...

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