United States v. Lillard

RIDGE, District Judge.

This suit was, commenced under the Agricultural Adjustment Act of 1938, as amended and supplemented, 7 U.S.C.A. §§ 1281 to 1393; .Act of Jan. 30, 1954, 68 Stat. 4; and Act of Aug. 28, 1954, 68 Stat. 897, to recover from defendant, $401.41, as penalty for farm marketing excess of wheat in the year 1954. Section 376 of the Act, 7 U.S.C.A. § 1376 and 28 U.S.C.A. § 1345 place jurisdiction of the subject-matter of this action in this Court.

Defendant has moved for summary judgment under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. Immediately thereafter plaintiff…