Burrows

E. C. Hay & Sons, Inc. v. Burrows

Good Law
315 F.2d 427
United States Court of Appeals for the Ninth CircuitMarch 28, 1963No. 17858California741 words

Opinion

Lead Opinion

Orr, J.

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.

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 from shattered and unharvested heads from the 1958 wheat crop grew in the seeded Austrian pea field.

From information furnished by the appellant, the Whitman County Agricultural Stabilization and Conservation (ASC) Committee first determined that *428 the appellant had 218 acres of excess wheat for the crop year 1959 on a farm with a wheat allotment for that year of 549.8 acres. As a result of an actual examination of the farm in question, the ASC Committee determined that the actual excess acreage of wheat was 683.2. The increase of excess wheat acreage was due to the classification of the above mentioned 465.2…

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