Glen H. Shay Et Ux. v. Agricultural Stabilization and Conservation State Committee for Arizona

Before us are an appeal from a final judgment of September 20, 1956, an appeal from an order of March 14, 1961 overruling a motion to vacate a post-judgment order of December 30, 1960, and a motion to dismiss that appeal. We conclude: (1) that the judgment must be reversed; (2) that the motion must be denied; (3) that the order must be reversed.

The action arises under the Soil Bank Act of 1956 (called “the Act”, 70 Stat. 188 , 7 U.S.C.A. § 1801 if). The court below had jurisdiction under § 107(d) ( 7 U.S.C.A. § 1831 (d)). We have jurisdiction under 28 U.S.C. § 1291 .

1. The judgment must be reversed.

Shay and wife, plaintiffs below and appellants here (called “plaintiffs”) brought this action to review the determination of the appellee, Agricultural Stabilization and Conservation State Committee for Arizona, and its members, sued as such (called “defendant” or “the Committee”) that, for reasons hereafter discussed, the plaintiffs must refund $66,549.60, the entire payment theretofore received by them under a soil bank contract. The judgment affirmed the determination of the committee.

a. The Facts

The basic facts are undisputed. Plaintiffs, on March 26, 1957, entered into a…