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FULLERTON v. GOVERNMENT OF THE CANAL ZONE

No. 4521.

8 F.2d 968 (1925)

FULLERTON v. GOVERNMENT OF THE CANAL ZONE.

Circuit Court of Appeals, Fifth Circuit.

October 30, 1925.

Attorney(s) appearing for the Case

Chauncey P. Fairman, of Cristobal, Canal Zone, for plaintiff in error.

F. Edward Mitchell, U. S. Dist. Atty., for Canal Zone, of Washington, D. C., J. J. McGuigan, Asst. Dist. Atty., of Balboa Heights, Canal Zone, and Jno. O. Collins, of Ancon, Canal Zone, for the Government of Canal Zone.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Plaintiff in error, Raymond R. Fullerton, hereafter referred to as defendant, was the constable of the magistrate's court for the division of Cristobal, Canal Zone. An audit of his books disclosed that he had failed to account for and pay over to the proper officer various fines that had been received by him in his official capacity. On demand he made good the shortage. On September 26, 1924, an affidavit was filed in the said magistrate's court...

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