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UNITED STATES v. ARKANSAS MILLS

No. 15085.

216 F.2d 241 (1954)

UNITED STATES of America, Appellant, v. ARKANSAS MILLS, a Partnership composed of Bert G. Dickey, John A. Cooper, and Robert N. Archer; Arkansas Mills, a Partnership composed of Bert G. Dickey and Robert N. Archer; Bert G. Dickey, John A. Cooper, and Robert N. Archer, individually, Appellees.

United States Court of Appeals, Eighth Circuit.

October 28, 1954.

Attorney(s) appearing for the Case

Neil Brooks, Associate Solicitor, U. S. Dept. of Agriculture, Washington, D. C. (Osro Cobb, U. S. Atty., Dan P. Chisholm, Little Rock, Ark., Howard B. Pickard, Donald A. Campbell, U. S. Dept. of Agriculture, Washington, D. C., on the brief), for appellant.

Leon B. Catlett, Little Rock, Ark. (Catlett & Henderson, Little Rock, Ark., on the brief), for appellees.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.

COLLET, Circuit Judge.

This action was filed October 31, 1952, by the United States to recover portions of subsidies paid defendants during 1946. A motion to dismiss the complaint was sustained on the ground that the government's claim was barred by the statute of limitations. From the judgment of dismissal this appeal is taken.

Defendants and their predecessors were dealers in and processors of soybeans. About September 25, 1945, they entered into a "1945...

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