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MILLER v. UNITED STATES

No. 11366.

160 F.2d 608 (1947)

MILLER v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 3, 1947.

Attorney(s) appearing for the Case

Arthur V. Kaufman, of Los Angeles, Cal., for appellant.

James M. Carter, U. S. Atty., Ronald Walker, Asst. U. S. Atty., and Clarke E. Stephens, Asst. U. S. Atty., all of Los Angeles, Cal., and James E. Palmer, Jr., Sp. Asst. to the Atty. Gen., for appellee.

Before DENMAN, HEALY and BONE, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a judgment on the pleadings in a cause of action based upon a prior judgment entered in 1933, for the amount of a fine, a part of a criminal sentence on conviction of a federal offense in the United States District Court for the Southern District of California.

Appellant does not question that such judgment for a fine is a cause of action for the recovery of a second judgment. Smith v. United States, 9 Cir.,

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