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MILLER v. UNITED STATES

No. 12860.

242 F.2d 392 (1957)

Walter J. MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

March 22, 1957.

Attorney(s) appearing for the Case

Robert E. Albright, Columbus, Ohio, Owen Calvin Neff, Cleveland, Ohio, on brief, for appellant.

Neil Brooks, Asst. Gen. Counsel, U. S. Dept. of Agriculture, Washington, D. C., J. Stephen Doyle, Jr., Attorney, U. S. Dept. of Justice, Washington, D. C., Sumner Canary, U. S. Atty., Cleveland, Ohio, Clarence M. Condon, Asst. U. S. Atty., Toledo, Ohio, Robert W. Johnson, Donald A. Campbell, Attorneys, U. S. Dept. of Agriculture, on brief, for appellee.

Before SIMONS, Chief Judge, and ALLEN and STEPHENS, Circuit Judges.

ALLEN, Circuit Judge.

This action was instituted for the purpose of collecting penalties under the Agricultural Adjustment Act of 1938 as amended, 7 U.S.C. § 1281 et seq., 7 U.S.C. A. § 1281 et seq. On motion of the Government the District Court granted summary judgment against defendant1 in the amount of $302.40 with costs.

Two principal questions are presented: (1) whether the action for penalties is quasi-criminal...

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