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UNITED STATES v. COTTMAN CO.

No. 6248.

190 F.2d 805 (1951)

UNITED STATES v. COTTMAN CO. et al.

United States Court of Appeals Fourth Circuit.

Decided August 2, 1951.

Attorney(s) appearing for the Case

Melvin Richter, Atty., Department of Justice, Washington, D. C. (Holmes Baldridge, Asst. Atty. Gen., Bernard J. Flynn, U. S. Atty., C. Ross McKenrick, Asst. U. S. Atty., Baltimore, Md., Samuel D. Slade and George F. Foley, Attys., Department of Justice, Washington, D. C., and Donald L. E. Ritger, Atty., Department of Treasury, on the brief), for appellant.

William A. Skeen and John H. Skeen, Jr., Baltimore, Md. (Skeen, Wilson and Coughlin, Baltimore, Md., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal by the United States from an order dismissing a suit on a bond guaranteeing the payment of customs duties. A duty covered by the bond was assessed against a vessel pursuant to sec. 3114 of the Revised Statutes, 19 U.S.C.A. § 257, on account of repairs made in foreign ports; and it is admitted that this duty has not been paid. It was pleaded in defense that appellees had made an...

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