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UNITED STATES v. KING & HOWE

Nos. 296, 297.

78 F.2d 693 (1935)

UNITED STATES v. KING & HOWE, Inc., et al. (two cases).

Circuit Court of Appeals, Second Circuit.

July 15, 1935.

Attorney(s) appearing for the Case

Olvany, Eisner & Donnelly, of New York City (Samuel Michelman and Oscar Igstaedter, both of New York City, of counsel), for appellant.

Martin Conboy, U. S. Atty., of New York City (David W. Wainhouse, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

These two actions were tried together upon stipulated facts before a jury of one which was directed to return a verdict for the plaintiff.

Both actions are upon the same bond and each deals with an importation of stramonium herbs in bales. Upon arrival these herbs were delivered by the collector of customs to the importer, King & Howe, Inc., under a term entry bond executed by the importer as principal and Royal Indemnity Company as...

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