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UNITED STATES v. MORRISDALE COAL CO.

No. 337.

50 F.Supp. 138 (1942)

UNITED STATES v. MORRISDALE COAL CO.

District Court, E. D. Pennsylvania.

September 21, 1942.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Donald J. Marran, Sp. Assts. to Atty. Gen., and Gerald A. Gleeson, U.S. Atty., and Thomas J. Curtin, Asst. U.S. Atty., both of Philadelphia, Pa., for plaintiff.

Rawle & Henderson, of Philadelphia, Pa., and Harry Boulton, of Clearfield, Pa., for defendant.

KIRKPATRICK, District Judge.

The condition of the bond upon which this action was brought is somewhat unusual. It is, "* * * if the principal shall * * * duly pay any part of such tax found by the Commissioner to be due, with interest * * *, and shall otherwise well and truly perform and observe all the provisions of law and the regulations, then the obligation is to be void * * *."

If "found by the Commissioner to be due" applies to "such tax" then the principal...

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