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YORK v. UNITED STATES

No. 18560.

289 F.2d 310 (1961)

Frank YORK and Ora York, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 17, 1961.

Attorney(s) appearing for the Case

M. W. Plummer, Sr., Houston, Tex., for appellants.

Arthur L. Moller, Jack Shepherd, Asst. U. S. Attys., Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and JONES, Circuit Judges.

PER CURIAM.

Suit was brought by the United States in the District Court for the Southern District of Texas on a promissory note signed by appellants. The appellants were notified that trial was set for May 16, 1960, and they appeared before the Court on that date and at the time designated. After overruling a motion for a continuance, the Court said: "I don't know for sure just when we will reach the case for trial but we will reach it and you will be notified."<...

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