ATWELL, District Judge.
Defendant surety company insists that the case of Smyer v. United States, 47 S.Ct. 375, 71 L. Ed. ___, decided by the Supreme Court on February 21, 1927, rules this case. The Smyer suit was upon a postmaster's bond for an alleged infidelity by an employee of the Birmingham office.
The instant suit is upon a bond given by an employee in the Dallas office, in which he was bounden to "faithfully account for, deliver, and pay over to the...
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