United States v. Fratesi

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 $4,126.24 each. This motion is before the court on affidavits and memorandum briefs of the parties.

On January 15,1959, the defendant entered…