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UNITED STATES v. COSTELLO

No. 5673.

47 F.2d 684 (1931)

UNITED STATES v. COSTELLO.

Circuit Court of Appeals, Sixth Circuit.

March 6, 1931.

Attorney(s) appearing for the Case

H. L. Harper, of Memphis, Tenn. (Lindsay B. Phillips and David Hanover, both of Memphis, Tenn., on the brief), for the United States.

J. M. Bearman, of Memphis, Tenn. (Bearman & Bearman, of Memphis, Tenn., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

On October 15, 1927, Tom Spraggins as principal and Costello and Morris as sureties executed a bail bond or recognizance in the sum of $1,000 before Lester H. Brenner, United States commissioner, conditioned upon the appearance of Spraggins for trial before the District Court at Memphis on the first Monday in April, 1928. Spraggins failed to appear, and judgment nisi was taken against him and his sureties on August 6, 1928. Scire facias was issued...

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