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SYLVESTER v. DUPRE

No. 5473.

333 So.2d 447 (1976)

Oscar SYLVESTER, Jr., Plaintiff-Appellee, v. Robert Daigle DUPRE, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 30, 1976.

Writ Refused September 29, 1976.

Attorney(s) appearing for the Case

John Saunders, Mamou, for defendant-appellant.

Joseph R. Vidrine and L. O. Fuselier, Ville Platte, for plaintiff-appellee.

Before HOOD, MILLER and PAVY, JJ.

HOOD, Judge.

Oscar Sylvester, Jr., seeks to recover from his lessee, Robert Daigle Dupre, a part of a penalty which was assessed against Sylvester for overplanting a crop of rice in 1971. The penalty was imposed under the Agricultural Adjustment Act of 1938 for planting in excess of the farm marketing quota set for rice by the Secretary of the U. S. Department of Agriculture. The trial court rendered judgment in favor of plaintiff, and defendant appealed.

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