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WILLIAM C. ATWATER & CO. v. UNITED STATES

18 F.Supp. 564 (1936)

WILLIAM C. ATWATER & CO., Inc., v. UNITED STATES.

District Court, S. D. New York.

Supplemental Opinion January 25, 1937.

Attorney(s) appearing for the Case

Hoffman & Knox, of New York City (Leo H. Hoffman, of New York City, of counsel), for petitioners.

Lamar Hardy, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel; David McKibbin, 3rd Sp. Asst. U. S. Atty., on the brief), for the United States.

CAFFEY, District Judge.

I take it (1) that if no bond had been given, the plaintiff would be entitled to recover [William C. Atwater & Co. v. Bowers (C.C.A.) 74 F.2d 253]; and (2) that the giving of the bond, being a new promise, would prevent a recovery in event the bond still be in force. In consequence, as it seems to me, the controlling question is whether the cancellation of the...

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