United States v. Ruzicka, 329 U.S. 287 (1946)

United States v. Ruzicka


No. 54


Argued November 20, 21, 1946
Decided December 16, 1946
329 U.S. 287

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

In a suit by the Government under § 8a(6) of the Agricultural Marketing Agreement Act to enforce an order issued by the Secretary of Agriculture under § 8c, requiring handlers of milk to pay money into a Producer-settlement Fund, the defendants sought to justify their failure to pay on the ground that the demand was based upon faulty inspection of their accounts and improper tests of their milk and milk products.

Held: they cannot assert this defense in an enforcement proceeding under § 8a(6), but are left to the administrative remedy specifically provided by § 8c(15). Stark v. Wickard, 321 U.S. 288, differentiated. Pp. 290-296.

152 F.2d 167 reversed.

In a suit by the Government under § 8a(6) of the Agricultural Marketing Agreement Act of 1937 against certain handlers of milk to enforce their obligation to make payments into a Producer-settlement Fund, the District Court gave judgment for the Government. The Circuit Court of Appeals reversed. 152 F.2d 167. This Court granted certiorari. 327 U.S. 776. Reversed, p. 296.