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MORROW v. CLAYTON

No. 7279.

326 F.2d 36 (1963)

William B. MORROW, State Executive Director, New Mexico State ASCS Committee, Department of Agriculture, Gilbert Gomez, State ASCS Committeeman, Paul Simmons, State ASCS Committeeman, Paul Woofter, State ASCS Chairman, Appellants, v. G. V. CLAYTON and Adron D. Walker, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 31, 1964.

Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen. (John G. Quinn, Jr., U. S. Atty., Alan S. Rosenthal and Pauline B. Heller, Attys. Dept. of Justice, on the brief), for appellants.

Thomas F. McKenna, of McKenna & Sommer, Santa Fe, N. M. (Shipley, Seller & Whorton, Alamogordo, N. M., on the brief), for appellees.

Before PHILLIPS, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

This case, brought under Section 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009, and the Declaratory Judgment Act, 28 U.S.C.A. § 2201, involves cotton acreage allotments and marketing quotas for two farms located in Otero County, New Mexico, and operated by appellees. The questions presented are: (1) Whether the lower court had jurisdiction under the Agricultural Adjustment Act of 1938, as amended, 7 U.S.C.A. § 1281 et...

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