UNITED STATES v. OHIO

No. 16143.

8 Ohio Misc. 107 (1965)

UNITED STATES OF AMERICA, APPELLEE, v. STATE OF OHIO, APPELLANT.

United States Court of Appeals, Sixth Circuit.

Decided October 9, 1965.


Attorney(s) appearing for the Case

Mr. William B. Saxbe, attorney general, Miss Joanne Wharton and Mr. Bruce Hadden, for appellant.

Mr. Morton Hollander, Mr. John W. Douglas, Mr. Max Wild, Mr. Richard S. Salzman and Mr. Joseph P. Kinneary, for appellee.

Before CECIL and PHILLIPS, Circuit Judges, and MATHES, Senior District Judge.


HARRY PHILLIPS, Circuit Judge.

Is the state of Ohio liable to the United States for penalties under the Agricultural Adjustment Act of 1938 for growing wheat on state-owned farms in excess of federally-imposed acreage allotments, where none of the wheat so produced entered or could have entered interstate or foreign commerce, directly or indirectly, by virtue of an express prohibition of the State Constitution?

The United States filed a complaint by authority...

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