UNITED STATES v. GOLDBERG

Nos. 230, 231.

40 F.2d 406 (1930)

UNITED STATES v. GOLDBERG et al. (two cases).

Circuit Court of Appeals, Second Circuit.

April 7, 1930.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Albert J. Hiers, of New York City (Milton Seymour Cohn and George W. Israel, both of New York City, of counsel), for defendant-appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

Under the conditions of these bonds, the aliens undertook to depart from the United States on or before a day certain without expense to the government and, indeed, without any action by the government at all. They were not to be deported. They were to go. One of the duties of the surety was to see that they went. The Commissioner had no official duty to them with respect to their going, at least until the time...

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