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ARMSTRONG v. UNITED STATES

No. 4930.

16 F.2d 62 (1926)

ARMSTRONG v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

November 29, 1926.

Attorney(s) appearing for the Case

William F. Herron, of San Francisco, Cal., for plaintiff in error.

Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal.

Before GILBERT and RUDKIN, Circuit Judges, and NETERER, District Judge.

NETERER, District Judge (after stating the facts as above).

It must be obvious that the bill of exceptions to the proceeding on the old information, before this court in Jacobs et al. v. U. S. (C. C. A.) 8 F.2d 981, can serve no purpose on this appeal. The filing of the new information by the court's permission destroyed all functions of the old information as fully as though it had been dismissed...

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