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AUSTIN v. JACKSON

No. 9994.

353 F.2d 910 (1965)

J. L. AUSTIN, Administrator, C.T.A., of the Estate of Henry Vann, individually and as Agent for George W. Gillette, Marguerite B. Gillette and husband, George W. Gillette, Eliza B. Williamson, Lillian M. Bellamy, and Mary B. Barroll, Appellees, v. Cooper JACKSON, T. Eugene Tart, and James E. Wright, as Review Committee of the United States Department of Agriculture for Sampson County, North Carolina, Appellants.

United States Court of Appeals Fourth Circuit.

Decided December 6, 1965.

Attorney(s) appearing for the Case

Florence Wagman Roisman, Atty., Dept. of Justice, (John W. Douglas, Asst. Atty. Gen., and Alan S. Rosenthal, Atty., Dept. of Justice, and Robert H. Cowen, U. S. Atty., on brief), for appellant.

John V. Hunter, III, Raleigh, N. C. (Terry Sanford, Raleigh, N. C., and J. E. Tucker, New Bern, N. C., and Sanford, Cannon & Hunter, Raleigh, N. C., and Ward & Tucker, New Bern, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge:

This case involves the cancellation of flue cured tobacco allotments placed on the farm now owned by the appellees by persons whose original tobacco land had been taken by eminent domain. Basically the facts are as follows. The Bellamy heirs owned farms with allotments to produce 13.8 acres of tobacco under the Agricultural Adjustment Act. 7 U.S.C. §§ 1281-1393. The lands were taken...

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