United States v. Frank L. Smith

This action was brought by the United States to recapture meat subsidy payments which were made to defendant, Frank L. Smith, in 1945. The trial court directed a verdict for defendant. The government moved for an order setting aside the verdict and for judgment in its favor. In doing so, it suggested that the court might stay execution of the judgment, if entered for the government, to enable defendant to obtain a hearing before the United States Emergency Court of Appeals. Without passing on this motion, the court entered judgment for defendant on the verdict.

The government then filed, as an alternative to the above motion, a motion for a new trial. It again suggested that, upon entry of judgment for plaintiff, execution be stayed to permit defendant to seek relief in the United States Emergency Court of Appeals. Both motions were denied. The government appeals from the judgment and from the order denying these motions.

The facts are not in dispute. In 1945 and 1946, Smith, a meat slaughterer doing business in Portland, Oregon, made a claim for and received monthly meat subsidies under the livestock slaughter subsidy program. In 1946, a hearing commissioner of the Office of…