Willis A. Hawkins, Ralph White, Floyd Smith and George J. Smith v. State Agriculture Stabilization and Conservation Committee

Fifth Circuit

Willis A. Hawkins, Ralph White, Floyd Smith and George J. Smith v. State Agriculture Stabilization and Conservation Committee

252 F.2d 570, 1958 U.S. App. LEXIS 3736

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 26, 1958

Docket16741_1

StatusPublished

Cited by6 cases

This text of 252 F.2d 570 (Willis A. Hawkins, Ralph White, Floyd Smith and George J. Smith v. State Agriculture Stabilization and Conservation Committee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Willis A. Hawkins, Ralph White, Floyd Smith and George J. Smith v. State Agriculture Stabilization and Conservation Committee, 252 F.2d 570, 1958 U.S. App. LEXIS 3736 (5th Cir. 1958).

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Opinion

PER CURIAM.

The appellants, cotton farmers of West Texas, brought an action in the District Court for the Southern District of Texas to review the apportionment made by the-appellees, the State Agriculture Stabilization and Conservation Committee, to counties of the Texas acreage allotment for cotton for 1956 under the Agricultural Adjustment Act of 1938, 7 U.S.C.A. § 1281 et seq. A declaratory judgment and injunctive relief were sought. The-District Court sustained the appellees and dismissed the complaint. Hawkins v. State Agriculture, etc. Committee, *571 D. C., 149 F.Supp. 681. From the order of dismissal an appeal is taken.

We are not in agreement as to whether Congress has precluded a judicial review of acreage apportionment among counties. Cf. 7 U.S.C.A. §§ 1363-1367. We do, however, agree that the action of the appellees was within the power and discretion granted to them, that the procedural requirements were observed, and that no abuse of discretion was shown. Therefore the order of the District Court dismissing the complaint was properly entered and it is

Affirmed.

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PER CURIAM.

The appellants, cotton farmers of West Texas, brought an action in the District Court for the Southern District of Texas to review the apportionment made by the-appellees, the State Agriculture Stabilization and Conservation Committee, to counties of the Texas acreage allotment for cotton for 1956 under the Agricultural Adjustment Act of 1938, 7 U.S.C.A. § 1281 et seq. A declaratory judgment and injunctive relief were sought. The-District Court sustained the appellees and dismissed the complaint. Hawkins v. State Agriculture, etc. Committee, *571 D. C., 149 F.Supp. 681. From the order of dismissal an appeal is taken.

We are not in agreement as to whether Congress has precluded a judicial review of acreage apportionment among counties. Cf. 7 U.S.C.A. §§ 1363-1367. We do, however, agree that the action of the appellees was within the power and discretion granted to them, that the procedural requirements were observed, and that no abuse of discretion was shown. Therefore the order of the District Court dismissing the complaint was properly entered and it is

Affirmed.

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252 F.2d 570, 1958 U.S. App. LEXIS 3736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-a-hawkins-ralph-white-floyd-smith-and-george-j-smith-v-state-ca5-1958.

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