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RIGBY v. RASMUSSEN

Nos. 6170, 6171.

275 F.2d 861 (1960)

Don C. RIGBY, Duane Deakin, George Shuman, Paul Fonnesbeck, Orvil Grover, Howard K. Robinette, Elliot and Wayne Rich, Vyrle Wood, Joseph G. Nicholas, Alma P. Larkin, Robert T. Nish, Norman Grover, C. H. Miller, Leroy Manning, Weldon Miller and W. B. Hendricks, Appellants, v. Victor RASMUSSEN, Myron Hansen and Roy Bowles, Review Committee of the United States Agricultural Adjustment Administration, Appellees. Don C. RIGBY, Charlie E. Peterson, Oleen Garn and Thomas W. Potter, Appellants, v. Victor RASMUSSEN, Myron Hansen and Roy Bowles, Review Committee of the United States Agricultural Adjustment Administration, Appellees.

United States Court of Appeals Tenth Circuit.

February 15, 1960.

Attorney(s) appearing for the Case

Herschel Saperstein, Salt Lake City, Utah (of Oman & Saperstein), Salt Lake City, Utah, for appellants.

Seymour Farber, Washington, D. C. (George Cochran Doub, Washington, D. C., A. Pratt Kesler, Salt Lake City, Utah, Samuel D. Slade and Marvin S. Shapiro, Washington, D. C., on brief), for appellees.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and WALLACE, District Judge.

MURRAH, Chief Judge.

This is a consolidated appeal from determinations of appellant wheat farmers' respective "base acreages" for the crop year 1958, as fixed by a local committee, and as reviewed and affirmed by both the local review committee and the trial court. See 7 U.S.C.A. §§ 1334(c), 1363, 1365-1367. In accordance with applicable regulation, 7 C.F.R. § 728.816, each appellant's 1958 base acreage had been decreased because he had knowingly overplanted...

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