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UNITED STATES v. ST. PAUL-MERCURY INDEMNITY CO.

No. 10501.

194 F.2d 68 (1952)

UNITED STATES v. ST. PAUL-MERCURY INDEMNITY CO.

United States Court of Appeals Third Circuit.

Decided January 25, 1952.

Attorney(s) appearing for the Case

Sidney L. Wickenhaver, Philadelphia, Pa. (C. Brewster Rhoads, Philadelphia, Pa., Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., on the brief), for appellee.

Melvin Richter, Washington, D. C. (Holmes Baldridge, Asst. Atty. Gen., Gerald A. Gleeson, U. S. Atty., Thomas J. Curtin, Asst. U. S. Atty., Philadelphia, Pa., Paul A. Sweeney, George F. Foley, Attorneys of Department of Justice, and Ira P. Miller, Attorney, Department of Treasury, all of Washington, D. C., on the brief), for appellant.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is an appeal by the Government from an adverse judgment in its suit for the balance of unpaid customs duties and internal revenue taxes on a warehouse entry bond which had been filed for the warehouse entry of certain imported whiskey. After issue had been joined a stipulation of facts was filed. Following that, both sides moved for summary judgment on the pleadings and the stipulation of facts. The Court allowed the defense motion...

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