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DONALDSON v. UNITED STATES

No. 13763.

264 F.2d 804 (1959)

John R. DONALDSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

March 31, 1959.

Attorney(s) appearing for the Case

Clarence W. May, Akron, Ohio, Brouse, McDowell, May Bierce & Wortman, Akron, Ohio, on brief, for appellant.

Donald A. Campbell, U. S. Dept. of Agriculture, Washington, D. C., J. Stephen Doyle, Jr., and Neil Brooks, Washington, D. C., Robert W. Johnson, Dept. of Agriculture, Chicago, Ill., Russell E. Ake, U. S. Atty., Cleveland, Ohio, Richard M. Colasurd, Asst. U. S. Atty., Toledo, Ohio, on brief, for appellee.

Before MILLER, Circuit Judge, and THORNTON and O'SULLIVAN, District Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

The Government filed this action in the District Court under the provisions of the Agricultural Adjustment Act of 1938, as amended and supplemented, to collect civil penalties from the appellant for overproduction of wheat in 1957. Sections 1281-1393, Title 7, U.S.C.A.

The complaint alleged that the appellant was a producer of wheat under the Act on a farm in Huron County, Ohio, with respect to the 1957 crop, that the...

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