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HILBURN v. BUTZ

No. 71-2767.

463 F.2d 1207 (1972)

Verlon HILBURN et al., Plaintiffs-Appellees, v. Earl L. BUTZ, Secretary of Agriculture and The United States Department of Agriculture, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 22, 1972.

Supplemental Order August 30, 1972.

Attorney(s) appearing for the Case

Eldon B. Mahon, U.S. Atty., William L. Johnson, Jr., Asst. U.S. Atty., Ft. Worth, Tex., Walter H. Fleischer, Anthony J. Steinmeyer, Dept. of Justice, Washington, D.C., L. Patrick Gray, III, Asst. Atty. Gen., for defendants-appellants.

Ernest L. Langley, Witherspoon, Aikin, Thomas & Langley, Hereford, Tex., for plaintiffs-appellees.

Before WISDOM, GOLDBERG and CLARK, Circuit Judges.

CLARK, Circuit Judge:

The Secretary of Agriculture appeals from an order mandating him to pay certain sums to the Hilburn family. These monies were concededly due them under various Department of Agriculture programs for the years 1968 through 1970; however, the Secretary had determined administratively, after an extensive investigation, that he had overpaid the Hilburns, under these same programs for the years 1964 through...

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