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FIDELITY & DEPOSIT CO. OF BALTIMORE, MD. v. UNITED STATES

No. 123.

74 F.2d 296 (1934)

FIDELITY & DEPOSIT CO. OF BALTIMORE, MD., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 10, 1934.

Attorney(s) appearing for the Case

Merrill & Quinn, of Utica, N. Y. (August Merrill, of Utica, N. Y., of counsel), for appellant.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y. (B. Fitch Tompkins, Asst. U. S. Atty., of Syracuse, N. Y., of counsel), for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

This action is to recover damages for failure to deliver a motorcar owned by the defendant Albes to the United States collector of the Northern district of New York, which was seized because of its use by its owner in the illegal transportation of liquors. Its owner was charged with a violation of the National Prohibition Act (27 USCA). The court below granted judgment for $1,000, with interest, part of which, it is directed, shall be paid by...

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