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UNITED STATES v. STATE OF OHIO

No. 16143.

354 F.2d 549 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. STATE OF OHIO, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

Rehearing Denied January 21, 1966.

Attorney(s) appearing for the Case

Joanne Wharton, Asst. Atty. Gen., Columbus, Ohio, William B. Saxbe, Atty. Gen., Bruce Hadden, Asst. Atty. Gen., Columbus, Ohio, on brief, for appellant.

Morton Hollander, Atty., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Max Wild, Richard S. Salzman, Attys., Dept. of Justice, Washington, D. C., Joseph P. Kinneary, U. S. Atty., Columbus, Ohio, on brief, 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...

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