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UNITED STATES v. DAVIS

No. 232.

135 F.2d 1013 (1943)

UNITED STATES, Plaintiff-Appellant, v. Louis DAVIS (Defendant) and David Friedman (Surety), Defendants-Appellees.

Circuit Court of Appeals, Second Circuit.

April 30, 1943.

Attorney(s) appearing for the Case

Mathias F. Correa, U. S. Atty., of New York City (Martin Klein and Stuart Z. Krinsly, Asst. U. S. Attys., both of New York City, of counsel), for the United States, appellant.

L. William Santasiere, of New York City, for David Friedman, surety-appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

PER CURIAM.

Order affirmed on opinion below, D.C., 47 F.Supp. 176.

CLARK, Circuit Judge (dissenting).

The precedents to date favor the Government's contention herein that a fine imposed on plea of guilt may be collected from United States bonds deposited as bail under 6 U.S.C.A. § 15; as stated by Phillips, J., in Bankers' Mortgage Co. of Topeka, Kan. v. McComb, 10 Cir., 60 F.2d 218

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