Shinaberry v. United States

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, on the ground that the United States of America has not granted consent to be sued, and, third, because the-Secretary of Agriculture is an indispensable party and…