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NEWELL v. BYRAM

No. 7955.

26 F.2d 200 (1928)

NEWELL v. BYRAM et al.

Circuit Court of Appeals, Eighth Circuit.

May 4, 1928.

Attorney(s) appearing for the Case

Samuel A. Anderson, of St. Paul, Minn., for plaintiff in error.

A. C. Erdall, of Minneapolis, Minn. (F. W. Root and C. O. Newcomb, both of Minneapolis, Minn., on the brief), for defendants in error.

Before WALTER H. SANBORN and LEWIS, Circuit Judges, and PHILLIPS, District Judge.

WALTER H. SANBORN, Circuit Judge.

The provisions of the statutes of the United States by which the questions in this case must be decided are contained in this extract from title 28, § 76, USCA (section 33, Judicial Code; Comp. Stat. § 1015):

"When any civil suit or criminal prosecution is commenced in any court of a state * * * against any officer of the courts of the United States for or on account of any act done under color of his office or in...

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