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EARLE v. UNITED STATES

No. 188, Docket 24754.

254 F.2d 384 (1958)

Stanley G. EARLE, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 21, 1958.

Attorney(s) appearing for the Case

Spar, Schlem & Burroughs, New York City (Charles Spar, New York City, of counsel), for plaintiff-appellee.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (Robert A. Morse, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for defendant-appellant.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and BRENNAN, District Judge.

BRENNAN, District Judge.

This litigation involves the legality and enforceability of a bond posted with the District Director of the Immigration and Naturalization Service, United States Department of Justice, hereinafter referred to as the Service. The issues were submitted upon a stipulated statement of facts. The court below concluded that the bond here may not be forfeited although the alien violated the maintenance of status condition thereof.

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