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UNITED STATES v. CADY

Civ. No. 2087.

184 F.Supp. 48 (1960)

UNITED STATES of America, Plaintiff, v. Lloyd CADY and McCabe Company, Defendants.

United States District Court D. Montana, Havre-Glasgow Division.

June 6, 1960.

Attorney(s) appearing for the Case

Krest Cyr, U. S. Atty., Jack H. Bookey, Asst. U. S. Atty., Butte, Mont., for plaintiff.

Gordon E. Hoven, Havre, Mont., for defendant Lloyd Cady.

Armin M. Johnson, Faegre & Benson, Minneapolis, Minn., for defendant McCabe Co.

JAMESON, District Judge.

This action arises under the Agricultural Adjustment Act of 1938, as amended, 7 U.S.C.A. § 1281 et seq.1 Plaintiff seeks recovery of the statutory penalty on wheat grown by the defendant Cady during the year 1958 on acreage in excess of his allotment.2 The facts are undisputed, and both parties have moved for summary judgment.

Cady grew wheat on 41.6 excess acres, and the...

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