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UNITED STATES V. HALEY, 371 U. S. 18 (1962)

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U.S. Supreme Court

United States v. Haley, 371 U.S. 18 (1962)

United States v. Haley

No. 148

Decided October 15, 1962*

371 U.S. 18

Syllabus

1. This Court's decision per curiam, 358 U. S. 644, reversing the judgment below on the Government's earlier direct appeal in this case, necessarily established that (1) this Court had jurisdiction over that appeal, (2) the relevant provisions of the Agricultural Adjustment Act of 1938 embraced the conduct of appellee complained of, (3) the Act was constitutional as applied in the premises, and (4) the Government was entitled to the relief sought, subject only to the District Court's resolution of appellee's procedural defense to the effect that the Government had failed to comply with conditions requisite to the effective establishment of a wheat acreage allotment for appellee. Pp. 371 U. S. 19-20.

2. In No. 139, Misc., the Government's motion for leave to file a petition for writ of mandamus and its petition for writ of mandamus are granted, but the formal writ will not be issued if the District Court promptly takes steps (1) to set aside its order of February 26, 1962, denying the Government's motion for judgment, (2) to proceed to resolve Haley's procedural defense, (3) if such defense is found to be insufficient, to enter final judgment in favor of the United States, and (4) if such defense is found sufficient, to enter judgment accordingly. P. 371 U. S. 20.

3. In view of the disposition of No. 139, Misc., it is not necessary to consider whether this Court has jurisdiction over the Government's appeal in No. 148, and that appeal is dismissed. P. 371 U. S. 20. chanroblesvirtualawlibrary

Page 371 U. S. 19





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