United States v. Elsie Mumma

Third Circuit

United States v. Elsie Mumma

237 F.2d 795, 1956 U.S. App. LEXIS 2969

Court of Appeals for the Third Circuit·Decided October 5, 1956·No. 11887_1·Published

Opinion

PER CURIAM.

This is an appeal from a judgment for civil penalties under the Agricultural Adjustment Act of 1938, as amended, 7 U.S.C. § 1281 et seq.

Appellant’s sole contention is that the Act is unconstitutional. In line with this, she argues that Wickard v. Filburn, 1942, 317 U.S. 111, 63 S.Ct. 82, 87 L.Ed. 122, which upheld the constitutionality of the Act and the cases which followed that decision, including our own Blattner v. United States, 3 Cir., 1955, 223 F.2d 468, were all decided erroneously. We disagree with that view.

The judgment of the district court will be affirmed.

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PER CURIAM.

This is an appeal from a judgment for civil penalties under the Agricultural Adjustment Act of 1938, as amended, 7 U.S.C. § 1281 et seq.

Appellant’s sole contention is that the Act is unconstitutional. In line with this, she argues that Wickard v. Filburn, 1942, 317 U.S. 111, 63 S.Ct. 82, 87 L.Ed. 122, which upheld the constitutionality of the Act and the cases which followed that decision, including our own Blattner v. United States, 3 Cir., 1955, 223 F.2d 468, were all decided erroneously. We disagree with that view.

The judgment of the district court will be affirmed.

United States v. Elsie Mumma, 237 F.2d 795, 1956 U.S. App. LEXIS 2969 (3d Cir. 1956).

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Opinion

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