UNITED STATES v. SMITH

No. 15505.

254 F.2d 930 (1958)

UNITED STATES of America, Appellant, v. Frank L. SMITH, Appellee.

United States Court of Appeals Ninth Circuit.

April 1, 1958.


Attorney(s) appearing for the Case

George S. Leonard, Acting Asst. Atty. Gen., Seymour Farber, Samuel D. Slade, B. Jenkins Middleton, Attys., Dept. of Justice, Washington, D. C., C. E. Luckey, U. S. Atty., Thomas B. Brand, Asst. U. S. Atty., Portland, Or., for appellant.

Maguire, Shields, Morrison & Bailey, Walter J. Cosgrave, H. Kent Holman, Portland, Or., for appellee.

Before FEE, CHAMBERS and HAMLEY, Circuit Judges.


HAMLEY, Circuit Judge.

This action was brought by the United States to recapture meat subsidy payments which were made to defendant, Frank L. Smith, in 1945. The trial court directed a verdict for defendant. The government moved for an order setting aside the verdict and for judgment in its favor. In doing so, it suggested that the court might stay execution of the judgment, if entered for the government, to enable defendant to obtain a hearing before the United States...

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