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EUREKA PRODUCTIONS v. MULLIGAN

No. 122.

108 F.2d 760 (1940)

EUREKA PRODUCTIONS, Inc., v. MULLIGAN.

Circuit Court of Appeals, Second Circuit.

January 8, 1940.

Attorney(s) appearing for the Case

Henry Pearlman, of New York City, for appellant.

John T. Cahill, U. S. Atty., of New York City (William L. Lynch, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.

PATTERSON, Circuit Judge.

The action is against a former marshal of the district court for damages caused by his destruction of a motion picture film formerly owned by the plaintiff. There was a trial before a judge without a jury. The judge held the case to be without merit and dismissed the complaint.

The facts are not disputed. The Eureka company imported a motion picture film into the United States. The film after arrival here was seized by the collector...

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