PER CURIAM.
This is an action by the United States of America brought under Title 7 U.S. C.A. § 1340, as amended, to recover $383.04, as penalty because of appellant's marketing excess of wheat for the 1954 crop years.
A motion for summary judgment on behalf of the Government was granted in the court below. The appeal to this court was based upon the theory that substantial questions of fact remained which would entitle the appellant-defendant to a jury...
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