Walter J. Miller v. United States

ALLEN, Circuit Judge.

This action was instituted for the purpose of collecting penalties under the Agricultural Adjustment Act of 1938 as amended, 7 U.S.C. § 1281 et seq., 7 U.S.C. A. § 1281 et seq. On motion of the Government the District Court granted summary judgment against defendant 1 in the amount of $302.40 with costs.

Two principal questions are presented: (1) whether the action for penalties is quasi-criminal and hence the summary judgment procedure available under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. is not available here; (2) whether defendant’s failure to…