PADGETT v. UNITED STATES

No. 17797.

272 F.2d 774 (1959)

Oscar D. PADGETT, d/b/a Waco Milling Company, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 14, 1959.


Attorney(s) appearing for the Case

Joseph B. Bergen, Savannah, Ga., for appellant.

William E. Mullin, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Frank O. Evans, U. S. Atty., Macon, Ga., for appellee.

Before RIVES, Chief Judge, and TUTTLE and JONES, Circuit Judges.


JONES, Circuit Judge.

The appellant bought Non-fat Dry Milk Solids from the Commodity Credit Corporation during the period between May and August of 1954, at a restricteduse price which was below that which would have been charged for unrestricted uses. The United States brought suit against the appellant charging that the dry milk had been used otherwise than for the restricted use and seeking to recover, pursuant to the terms of the contract of sale, the difference...

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