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SHINABERRY v. UNITED STATES

Civ. A. No. 2485.

142 F.Supp. 413 (1956)

Ralph SHINABERRY, Plaintiff, v. The UNITED STATES of America, acting through the County Production and Marketing Administration Committee for Hillsdale County, State of Michigan, Hillsdale, Michigan, Defendant.

United States District Court W. D. Michigan, S. D.

June 26, 1956.

Attorney(s) appearing for the Case

Otto W. Hess, George A. Meekison, Napoleon, Ohio, for plaintiff.

Wendell A. Miles, U. S. Dist. Atty., Grand Rapids, Mich., for defendant.

KENT, District Judge.

Plaintiff has commenced this action in an effort to restrain the Government from collecting penalties for violation of the Acts of Congress fixing wheat quotas,1 alleging that the same are unconstitutional.

The matter is before the Court on the Government's motion to dismiss plaintiff's complaint, first, because the complaint fails to state a claim against the defendant upon which relief can be granted; second...

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