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SMALDONE v. UNITED STATES

Nos. 4738 and 4739.

211 F.2d 161 (1954)

SMALDONE v. UNITED STATES. VARONE et al. v. UNITED STATES.

United States Court of Appeals, Tenth Circuit.

March 16, 1954.

Attorney(s) appearing for the Case

Joseph N. Lilly, Denver, Colo., for appellants James J. Varone, Lena Varone, Mildred Smaldone and Mamie Smaldone.

Thomas J. Morrissey, Denver, Colo. (F. E. Dickerson, A. F. Zarlengo and W. F. Dwyer, Denver, Colo., on the brief), for appellant Eugene Smaldone.

James W. Heyer, Asst. U. S. Atty., Denver, Colo. (Donald E. Kelley, U. S. Atty., Denver, Colo., on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

These are appeals by which it is sought to have reviewed an order forfeiting a bail bond, a judgment against the principal and sureties on the bond, an order denying a motion to set aside the judgment, and an order denying remission of the forfeiture.

An indictment was returned in the United States Court for Colorado in which Eugene Smaldone was charged with the offense of attempting to evade and defeat income tax. Smaldone, as principal...

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