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DURNING v. McDONNELL

No. 54.

86 F.2d 91 (1936)

DURNING, Collector of Customs, v. McDONNELL et al.

Circuit Court of Appeals, Second Circuit.

November 2, 1936.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Delbert M. Tibbetts, of New York City, of counsel), for appellants.

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

This action is upon a bond executed in 1924 by McDonnell and Truda, as principals, and American Surety Company, as surety. The principals were acting as general agents for Transatlantica Italiana, a steamship company whose vessels plied between European ports and the port of New York, and the bond was given for the purpose of obtaining clearance of its vessels, which might otherwise be held at the port of New York to await the determination of...

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