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AYCOCK-LINDSEY CORPORATION v. UNITED STATES

No. 12353.

171 F.2d 518 (1948)

AYCOCK-LINDSEY CORPORATION v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

December 23, 1948.

Attorney(s) appearing for the Case

Lucien H. Boggs and Delbridge L. Gibbs, both of Jacksonville, Fla., for appellant.

Damon G. Yerkes, Asst. U. S. Atty., of Jacksonville, Fla., and Isidor Lazarus, Atty., Dept. of Justice, of Washington, D. C., for appellee.

Before HUTCHESON, SIBLEY and WALLER, Circuit Judges.

WALLER, Circuit Judge.

Two questions are involved in this case: (1) whether or not the District Court has jurisdiction under the Tucker Act1 of this action by a naval stores producer to recover subsidy payments under the Federal Soil Conservation and Domestic Allotment Act on the theory that Appellant's claim arose under a law of Congress and also under an implied contract which it performed and which entitled it to the payment of a subsidy...

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