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UNITED STATES v. WILEY'S COVE RANCH

No. 16556.

295 F.2d 436 (1961)

UNITED STATES of America, Appellant, v. WILEY'S COVE RANCH, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 26, 1961.

Attorney(s) appearing for the Case

Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Charles W. Atkinson, U. S. Atty., Fort Smith, Ark., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., for appellant.

William S. Walker, Harrison, Ark., N. J. Henley, Marshall, Ark., for appellee.

Before VOGEL and BLACKMUN, Circuit Judges, and DAVIES, District Judge.

VOGEL, Circuit Judge.

This is an appeal from the granting of summary judgment1 against the United States, appellant, in its action to recover payments made by the Department of Agriculture for benefits received by appellee in the way of livestock feed under the 1954 Emergency Feed Program.

Pursuant to statutory authority, 12 U.S.C.A. § 1148a-2(d), the Secretary of Agriculture, by regulation, delegated the program's administration...

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