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UNITED STATES v. LIBICHIAN

No. 7094.

113 F.2d 368 (1940)

UNITED STATES v. LIBICHIAN et al.

Circuit Court of Appeals, Seventh Circuit.

June 6, 1940.

Attorney(s) appearing for the Case

James R. Fleming, U. S. Atty., of Fort Wayne, Ind., and Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., Alexander M. Campbell, Asst. U. S. Atty., of Fort Wayne, Ind. (Joseph Lawrence, Director, Bond and Spirits Division, Harry B. DeAtley, Assistant to Director, Bond and Spirits Division, Webster Spates, Chief Field Attorney, and George B. Davis, Attorney, Bond and Spirits Division, all of Washington, D. C., of counsel), for appellant.

John W. Lyddick and Sheehan & Lyddick, both of Gary, Ind., for appellees.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal by the United States from an order annulling and remitting a final judgment rendered on an estreated recognizance bond. The proceeding was instituted by petition predicated upon Section 601, Title 18, U.S.C.A.,1 entitled "Remission of penalty of recognizance." The court, by interlocutory order of May 12, 1939, overruled appellant's motion to dismiss the...

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