CLAYTON, District Judge.
This action was brought under the Soil Bank Act (7 U.S.C. § 1801) to recover from defendant payments made to him of $4,126.24 in each of the years 1959 and 1960 and to recover a civil penalty of $2,063.12 for each of the years 1961 and 1962. After answer was filed, a motion was filed by the United States under Rule 56(a), Federal Rules of Civil Procedure for a partial summary judgment covering the aforementioned annual payments of $4...
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