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UNITED STATES v. O'NEIL

Nos. 81-1541 to 81-1544.

709 F.2d 361 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Alvin O'NEIL and Thurston O'Neil, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Charles MEDLIN, B.A. McFarland and B.E. McFarland, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. DOKO FARMS, a partnership, James Porter, Allison V. Barnett, L.D. Smith and William T. Curry, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Paul MORGAN, P & B Morgan Trust, Morgan Farms, Inc. and Wayne Greaves, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 11, 1983.

Attorney(s) appearing for the Case

Judith E. Rabinowitz, Marc Richman, Civil Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Renner & Snell and Robert B. Snell, Lamesa, Tex., for defendants-appellees in Nos. 1541 and 1544.

Huffaker & Green, Gerald Huffaker, Tahoka, Tex., for defendants-appellees in No. 81-1542.

Crenshaw, Dupree & Milam, James H. Milam, Cecil Kuhne, Lubbock, Tex., for defendants-appellees in Nos. 1543 and 1544.

John L. Shepherd, Seminole, Tex., for Wayne Greaves.

Before THORNBERRY, GEE and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

In this appeal we consider procedural and jurisdictional issues initially arising out of four suits brought by the United States Department of Agriculture ("USDA") against the appellees to recover alleged overpayments made to them under the Upland Cotton Price Support Program, 7 U.S.C. § 1444(e). The issues before us are (1) whether the government has made a timely appeal to this Court in its suits against appellees, (2) whether the district...

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