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McLAMB v. POPE

No. 81-1095.

657 F.2d 77 (1981)

Lloyd L. McLAMB, Appellee, v. Robert D. POPE; Newton D. Worley; Omax Barefoot; Agriculture Stabilization and Conservation Service Review Committee, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 27, 1981.

Attorney(s) appearing for the Case

Irene M. Solet, U. S. Dept. of Agriculture, Washington, D. C. (Terrence G. Jackson, James O. Boyd, U. S. Dept. of Agriculture, Leonard Schaitman, Asst. Director, Civil Div., U. S. Dept. of Justice, Raymond W. Fullerton, Asst. Gen. Counsel, Washington, D. C., on brief), for appellants.

James R. Levinson, Smithfield, N. C., for appellee.

Before RUSSELL, HALL and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

The government appeals a magistrate's grant of summary judgment reversing an administrative reduction of Lloyd McLamb's 1978 acreage allotment and marketing quota for flue-cured tobacco. The magistrate ruled that a review committee of the Agricultural Stabilization and Conservation Service (ASCS) of the Department of Agriculture improperly imposed the allotment and quota reduction for overmarketing. The bases of his determination were that there...

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