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UNITED STATES v. KERN

Nos. 5740, 5824, 5735, 5836, 5715.

8 F.Supp. 296 (1934)

UNITED STATES v. KERN et al., and four other cases.

District Court, E. D. New York.

September 26, 1934.

Attorney(s) appearing for the Case

Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (Alfred C. McKenzie and Emanuel Bublick, Asst. U. S. Attys., both of Brooklyn, N. Y., and Lester C. Dunigan, of Washington, D. C., Attorney, Tax and Penalty Unit, Department of Justice, of counsel), for the United States.

Harry S. Hall, of New York City, for defendants Royal Indemnity Co. and Eagle Indemnity Co.

Otto B. Schmidt, of New York City, for Fidelity & Casualty Co. of New York, amicus curiæ

CAMPBELL, District Judge.

The five above-entitled actions are civil actions brought by the United States of America, on bonds given in support of permits to use specially denatured alcohol, in manufacturing approved preparations of the National Prohibition Act (27 USCA).

These cases come before the court on motions to sustain their pleas of the statute of limitations and to dismiss the complaints as to the Eagle Indemnity Company and the Royal Indemnity Company...

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