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TAMBASCO v. RECONSTRUCTION FINANCE CORPORATION

No. 24, Docket 21366.

178 F.2d 283 (1949)

TAMBASCO v. RECONSTRUCTION FINANCE CORPORATION.

United States Court of Appeals Second Circuit.

Decided December 2, 1949.

Attorney(s) appearing for the Case

James F. Carroll, Jr., of Saratoga Springs, N. Y. (Carroll, Amyot & Doling, of Saratoga Springs, N. Y., on the brief), for appellant.

George Arthur Fruit, Atty., Dept. of Justice, of Washington, D. C. (H. G. Morison, Asst. Atty. Gen., and Joseph M. Friedman, Sp. Asst. to the Atty. Gen., both of Washington, D. C., and Irving J. Higbee, U. S. Atty., of Syracuse, N. Y., on the brief), for appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an action by a livestock slaughterer to recover subsidy payments he claims as due him for the months of September and October, 1946, and for a declaratory judgment and an injunction preventing defendant from invalidating payments for May and June, 1946, and attempting to recover them. Defendant has taken its position invalidating the subsidies on the ground that plaintiff had slaughtered in excess of his assigned quota and hence had forfeited...

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