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MIAMI VALLEY FRUIT CO. v. UNITED STATES

No. 6003.

45 F.2d 303 (1930)

MIAMI VALLEY FRUIT CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 20, 1930.

Attorney(s) appearing for the Case

Jno. R. L. Smith, of Macon, Ga., W. H. Harris, of Ft. Valley, Ga., and Smith & Smith and Geo. A. Pindar, all of Macon, Ga., for appellants.

William A. Bootle, U. S. Atty., of Macon, Ga., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, Elmer T. Kemper, and F. F. Toomey, Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C., for the United States.

Before BRYAN and FOSTER, Circuit Judges, and SIBLEY, District Judge.

SIBLEY, District Judge.

The United States sued the Miami Valley Fruit Company and its sureties upon a bond payable to the United States for the penal sum of $22,500, dated August 27, 1926, containing the following conditions:

"Whereas there is due from the above bounden principal taxes and penalties, and interest in the amount of Nineteen Thousand Two Hundred Twenty-Four & 97/100 dollars, and

"Whereas, to exact payment of the amount at this time...

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