Graham v. Lawrimore
Graham v. Lawrimore
Opinion of the Court
This is an appeal from an order affirming the determination of the Review Committee reducing the 1960-61 tobacco acreage allotment of two farms operated by appellant in Florence County, South Carolina. Appellant’s acreage allotments were reduced by reason of alleged violations of 7 U.S.C. 1313(g)
On January 12, 1960, the notices of the reduced allotments for the 1960-61 marketing year were mailed to the plaintiff. On January 20, 1960, the plaintiff filed applications for review, and after a full hearing attended by the parties and their counsel, the defendants, as the Review Committee, made findings of fact and upheld the acreage allotment reduction of the County Committee.
Counsel for appellant contends that the District Court misinterpreted the stipulation entered into in July, 1959. We find no basis for this contention for it is clear that the District Judge merely treated the stipulation as preserving the status quo of the parties, the County Committee having the right to reduce the allotment based on its investigation of the alleged violations, and the appellant saving to himself the right of review thereof.
Appellant’s second contention that the Review Committee abused its discretion in refusing his motion to amend is likewise without merit. Under the regulations, the Review Committee is vested with discretionary power in regard to such amendments
The final point raised by appellant challenges the sufficiency of the evidence upon which the Review Committee made its determination. We agree with the District Judge that the findings of fact of the Review Committee are supported by competent evidence, and under the statute of review
Affirmed
. 7 U.S.C.A. § 1313(g).
. 7 C.F.R.(1960) § 725.119(c).
. The concluding paragraph of the stipulation roads: “It is the understanding and intent of the parties hereto to reserve all rights that each may have under the appropriate statutes, rules and regulations and to preserve the status quo the same as if the notices of reduction of allotment had not been sent on March 3, 1959.”
. 7 C.F.R. (1960) Sec. 711.22.
. See United States v. Stangland, 7 Cir., 242 F.2d 843, at page 846.
. 7 C.F.R. (1960) Secs. 711.2 to 711.26, inclusive.
. 7 U.S.C.A. § 1366.
Reference
- Full Case Name
- Billy E. GRAHAM v. Rufus B. LAWRIMORE, W. E. Dargan and Albert J. Rogers, as the Review Committee for Florence County, South Carolina, of the Agricultural Stabilization and Conservation Committee, United States Department of Agriculture
- Cited By
- 5 cases
- Status
- Published