United States v. Lynn

FORD, Chief Judge.

This is an action by the United States for the recovery of the penalty for the marketing of tobacco in excess of the marketing quota fixed for the defendant’s farm on which the tobacco was produced in 1953 as prescribed by the Agricultural Adjustment Act of 1938, as amend*606ed 7 U.S.C.A. § 1314 et seq., jurisdiction of which is conferred by section 376 of the Act, 7 U.S.C.A. § 1376.

At the conclusion of testimony on behalf of the United States, the defendant made a motion for judgment on the proof offered by the plaintiff.

In my opinion the defendant’s motion for dismissal of the…