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UNITED STATES v. E. & S. MOTOR TRANSPORTATION CO.

No. 122.

73 F.2d 267 (1934)

UNITED STATES of America, Appellee, v. E. & S. MOTOR TRANSPORTATION CO., Inc., Defendant, and SUN INDEMNITY CO. of New York, Appellant.

Circuit Court of Appeals, Second Circuit.

November 5, 1934.

Attorney(s) appearing for the Case

Edward Ash, of New York City, for E. & S. Motor Transp. Co.

Leo M. Brimmer, of New York City (Lawson R. Jones, of New York City, of counsel), for Sun Indemnity Co.

Martin Conboy, U. S. Atty., of New York City (Earle N. Bishopp, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

This case involves the same question that was before the court in United States v. James A. Mack (C. C. A.) 73 F.2d 265, except that the judge here gave judgment on the bond. For the reasons stated in that case, this judgment must be reversed and trial ordered.

Judgment reversed;...

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