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FUSSELL v. UNITED STATES

No. 8938.

100 F.2d 995 (1939)

FUSSELL et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

January 20, 1939.

Attorney(s) appearing for the Case

J. H. Bilbrey, of Washington, D. C., and Clarence G. Ashby, of Jacksonville, Fla., for appellants.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Wm. A. Paisley, Asst. U. S. Atty., of Jacksonville, Fla.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Anna F. Fussell was postmaster at the Fourth Class Post office, St. Catherine, Florida. On several occasions in the period from June to September, 1935, a person having a business address at Bushnell, Florida, deposited a quantity of post paid letters for dispatch at the St. Catherine post office. The postage cancelled upon these letters was included in the postmaster's return of cancellations, and commission thereon was claimed and retained...

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