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BERKOWITZ v. UNITED STATES

No. 10855.

90 F.2d 881 (1937)

BERKOWITZ v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 12, 1937.

Attorney(s) appearing for the Case

W. R. King, of Omaha, Neb. (H. Fischer, of Omaha, Neb., on the brief), for appellant.

Frederick G. Hawxby, Asst. U. S. Atty., of Omaha, Neb. (Joseph T. Votava, U. S. Atty., and Ambrose C. Epperson and Emmet L. Murphy, Asst. U. S. Attys., all of Omaha, Neb., on the brief), for the United States.

Before GARDNER, WOODROUGH, and BOOTH, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal from a judgment entered against a surety on a bail bond. The appellee, United States, was plaintiff below, and the appellant, Sam Berkowitz, was defendant, and for convenience we shall refer to the parties as they were there designated.

It was alleged in plaintiff's petition that on December 7, 1935, one Gow D. Huie was arrested at Omaha, Neb., and charged in a complaint before a United States commissioner with unlawfully...

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