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BOWERS v. UNITED STATES

No. 15275.

226 F.2d 424 (1955)

Lamar BOWERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 1, 1955.

Attorney(s) appearing for the Case

W. H. Albritton, Andalusia, Ala., Albrittons & Rankin, Andalusia, Ala., of counsel, for appellant.

Hartwell Davis, U. S. Atty., Neil Brooks, Associate Solicitor, Donald A. Campbell, Washington, D. C., J. Stephen Doyle, Jr., Special Asst. to the Atty. Gen., Howard Rooney, U. S. Dept. of Agriculture, Washington, D. C., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.

HUTCHESON, Chief Judge.

The suit was for the collection of penalties assessed against the defendant under Section 1359(a) of the Agricultural Adjustment Act of 1938, as amended,1 because of his failure to account for the disposition of peanuts raised by him in the years 1950-1951.

The claim was: that appellant in 1950 and 1951 engaged in the production of peanuts on his farm, and harvested in excess of his farm acreage allotments...

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