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JILKA v. MICKLEY

No. 8022.

348 F.2d 154 (1965)

Eugene and John JILKA, Appellants, v. J. Glenn MICKLEY, Carl Lindahl and J. M. Shumway, Review Committee of the Saline County, Kansas, Agricultural Stabilization and Conservation Service Committee, Appellees.

United States Court of Appeals Tenth Circuit.

June 28, 1965.

Attorney(s) appearing for the Case

Harold F. Crowther, Salina, Kan., for appellants.

Martin Jacobs, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Newell A. George, U. S. Atty., and Alan S. Rosenthal and Frederick B. Abramson, Attorneys, Department of Justice, on the brief), for appellees.

Before MURRAH, PICKETT and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Our decision in Jilka v. Saline County, 10 Cir., 330 F.2d 73, did not end the efforts of the Jilkas to upset the denial to them of an additional wheat allotment and the imposition on them of a penalty for overproduction. About a month after our decision the Jilkas filed a new action in state court. It was removed to federal court under 28 U.S.C. § 1442 and the court sustained a motion to dismiss on...

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