United States v. State

Harry Phillips, Circuit Judge.

Is the state of Ohio liable to the United States for penalties under the Agricultural Adjustment Act of 1938 for growing wheat on state-owned farms in excess of federally-imposed acreage allotments, where none of the wheat so produced entered or could have entered interstate or foreign commerce, directly or indirectly, by virtue of an express prohibition of the State Constitution?

The United States filed a complaint by authority of 7 United States Code Section 1376, seeking a declaratory judgment as *108to the liability of the state under the Act, and a money judgment…