UNITED STATES v. STEWART

No. 9519.

119 F.2d 492 (1941)

UNITED STATES v. STEWART.

Circuit Court of Appeals, Ninth Circuit.

May 1, 1941.


Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen., A. B. Holman, and Leavenworth Colby, Atty. Dept. of Justice, all of Washington, D. C., and Miles N. Pike, U. S. Atty., and John S. Halley, Asst. U. S. Atty., both of Reno, Nev., for appellant.

Robert Richard Gill, of Ely, Nev., for appellee.

Before GARRECHT and HEALY, Circuit Judges, and ST. SURE, District Judge.


GARRECHT, Circuit Judge.

This is a suit brought in the name of the United States by the United States Attorney for the District of Nevada to recover $978.50, alleged to have been paid to appellee through mistake of a postal employee. The suit was instituted more than three years after the money passed from the possession of the Post Office department. After a trial upon the merits the District Court dismissed the case for lack of jurisdiction.

In January,...

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