Rudolph Geib v. Otto Joens, Rudolph Geib v. John C. Leitz

Good Law
282 F.2d 554·1960 U.S. App. LEXIS 3856
United States Court of Appeals for the Ninth CircuitAugust 12, 196016682, 16683California1,138 words

Opinion

Opinion

Merrill, J.

Upon these appeals we are concerned with the wheat acreage allotments assigned for 1959 to appellees’ farms in Spokane County, Washington, under the Agricultural Adjustment Act of 1938, as amended. 7 U.S.C.A. § 1281 et seq.

Appellants are members of the Marketing Quota Review Committee for Spokane County. In assigning allotments to appellees’ farms, a reduction was made by the County Agricultural Stabilization and Conservation Committee by virtue of appellees’ having “knowingly over-planted” in the past. Appellees, aggrieved by this reduction, sought review before appellants as the County Review Committee. Upon affirmance by that committee, review was sought in the District Court, 7 U.S.C.A. § 1365 . That court reversed upon the ground that appellees’ overplanting was not knowingly done. The committee has taken this appeal. The sole question involved is whether, under the circumstances of this case, the farms must be held to have been knowingly overplanted.

Under the provisions of the Act, allotments for 1959 were made as follows: •)

(1) Pursuant to 7 U.S.C.A. § 1332 , the Secretary of Agriculture programed the national acreage allotment for that year’s crop of wheat. 7 C.P.R.…

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