UNITED STATES v. DIAMOND


50 F.2d 263 (1931)

UNITED STATES v. DIAMOND et al.

District Court, S. D. New York.

June 1, 1931.


Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Ernest Lappano, of New York City, of counsel), for the United States.

Walter & Wolff, of New York City (Alfred A. Walter, of New York City, of counsel), for defendant surety.


WOOLSEY, District Judge.

The motion for judgment on the pleadings is denied, but the lesser relief is granted of striking out the alleged separate defenses.

This is a motion by the United States for judgment on the pleadings in a scire facias proceeding against the surety on an undertaking in the sum of $15,000 for the defendant John Diamond to appear before Garrett W. Cotter, Esq., one of the United States commissioners, appointed by this court, on an information...

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