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83 F.2d 817

Docket No. 8085.

Gridley v. Rogers

Ninth Circuit Court of Appeals

Decided May 5, 1936.

Ninth Circuit Court of Appeals · decided 1936-05-05

Cited by 5 later decisions (2 by the Supreme Court) — most recently January 1941

3 federal appellate ·

2 counsel of record

Relies on United States v. Butler

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1936-05-05

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¶1Ray Manwell and Arthur J. DeLorimier, both of Marysville, Cal., for appellant.

¶2W. E. Davies, of Marysville, Cal., for appellee.

¶3Before WILBUR, DENMAN, and HANEY, Circuit Judges.

¶4PER CURIAM.

¶5Appellant was adjudged a bankrupt April 12, 1935. On August 15, 1935, he *818received $2,019 from the United States by reason of contract with the Secretary of Agriculture under the Agricultural Adjustment Act (48 Stat. 31). The trial court held that this money was paid in connec- , tion with the crop arrangement made between the bankrupt and the Secretary of Agriculture for the year 1934, and that although payable to the bankrupt when his 1935 crop was planted it had been fully earned at the time of bankruptcy and was therefore part of the bankrupt’s estate. On the other hand, the bankrupt claims that the money was payable when he planted his crop in 1935 and wholly by reason of his activities after the adjudication in. bankruptcy and consequently was his property earned after bankruptcy. The question is whether there' was a' property right in the bankrupt at the time of the adjudication of bankruptcy which passed by operation of law to the trustee in bankruptcy. It seems a sufficient answer to this question to say that the Agricultural Adjustment Acts was unconstitutional and void, that contracts made in pursuance thereof were unauthorized and void (United States v. Butler, 297 U.S. 1, 56 L.Ed. 312, 80 L. Ed. —), and, consequently, nothing was due to bankrupt by reason of this invalid contract at the time of his bankruptcy.

¶6Reversed.

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