SHINABERRY v. UNITED STATES

No. 12976.

242 F.2d 758 (1957)

Ralph SHINABERRY, Appellant, v. UNITED STATES of America, acting through the County Production and Marketing Administration Committee for Hillsdale County, State of Michigan, Hillsdale, Michigan, Appellee.

United States Court of Appeals Sixth Circuit.

March 6, 1957.


Attorney(s) appearing for the Case

George A. Meekison, Napoleon, Ohio, for appellant.

Wendell A. Miles, U. S. Atty., Grand Rapids, Mich., for appellee.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.


PER CURIAM.

Without attempting to avail himself of the administrative remedies provided in the Agricultural Adjustment Act of 1938, as amended, 7 U.S.C.A. § 1281 et seq., the appellant brought this action to restrain the United States from collecting penalties for violation of the statutes fixing wheat quotas, alleging that those statutes violated the Constitution.

It was the appellant's contention that the provisions of 28 U.S.C.A. § 2410(a) conferred...

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