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MOORE v. UNITED STATES

No. 9960.

123 F.2d 207 (1941)

MOORE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 6, 1941.

Attorney(s) appearing for the Case

Clint W. Hager, of Atlanta, Ga., for appellant.

J. Saxton Daniel, U. S. Atty., of Savannah, Ga., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

After the trial of this case, but before the approval and settling of the bill of exceptions, the trial judge died. The bill of exceptions was prepared and presented to the judge designate for the Southern District of Georgia. Counsel failed to agree on the bill as presented, and after a full hearing the judge designate ordered the inclusion of certain evidence in the bill, and then signed and approved it. Neither side is satisfied with the...

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