Hay and Sons, Inc. v. Burrows

315 F.2d 427 E. C. HAY AND SONS, INC., a Washington Corporation, Appellant, v. R. E. BURROWS, Wilfred Thorn, and S. P. Dixon, Review Committee of United States Department of Agriculture, Appellees. No. 17858. United States Court of Appeals Ninth Circuit. March 28, 1963. D. L. McMannis, Pullman, Wash., for appellant. Frank R. Freeman, U.S. Atty., Patrick H. Shelledy and Carroll D. Gray, Asst. U.S. Attys., Spokane, Wash., C. C. Carlson, Regional Attorney and E. Kendall Clarke, Attorney, U.S. Department of Agriculture, Washington, D.C., for appellee. Before ORR, MERRILL and DUNIWAY, Circuit Judges. ORR, Circuit Judge. 1 The issue presented by this appeal is whether the trial court was correct in affirming the determination of a Review Committee appointed by the Secretary of Agriculture that 465.2 acres of Austrian winter peas and volunteer wheat constituted excess wheat acreage for the crop year 1959. 2 In October 1958, appellant, a Washington corporation operating farm properties in Whitman County, Washington, seeded 465.2 acres of Austrian winter peas on acreage from which wheat had been harvested during the harvest season of 1958. During the growing season of 1959, volunteer wheat…