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CORPSTEIN v. UNITED STATES

Nos. 5923, 5924.

262 F.2d 200 (1958)

Felix CORPSTEIN and Joseph Corpstein, Individually, and Corpstein Brothers, a partnership, consisting of Felix Corpstein and Joseph Corpstein, Appellants, v. UNITED STATES of America, Appellee. Felix CORPSTEIN, Joseph Corpstein, and Corpstein Brothers, a partnership, consisting of Felix Corpstein and Joseph Corpstein, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 2, 1958.

Attorney(s) appearing for the Case

James S. Lester, Oskaloosa, Kan., for appellants.

Neil Brooks, Atty., Dept. of Justice, Washington, D. C. (J. Stephen Doyle, Jr., Atty., Dept. of Justice, Washington, D. C., Wilbur G. Leonard, U. S. Atty., Topeka, Kan., E. Edward Johnson, Asst. U. S. Atty., Topeka, Kan., Giles H. Penstone, Atty. in Charge, Dept. of Agriculture, Kansas City, Mo., and Donald A. Campbell, Atty., Dept. of Agriculture, Washington, D. C., on the brief), for appellee.

Before BRATTON, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.

PER CURIAM.

The United States brought these actions to recover penalties alleged to be due as a result of wheat grown by defendants during the years 1955 and 1956 in excess of their farm marketing quotas as defined by the provisions of the Agricultural Adjustment Act of 1938, as amended. 7 U.S.C.A. § 1281 et seq. The cases involve the same facts and identical issues of law, and have been consolidated for disposition. These appeals are from summary judgments in...

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