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UNITED STATES v. KING

No. 14297.

322 F.2d 317 (1963)

UNITED STATES of America, Appellant, v. Elizabeth Simonson KING, Executrix of the Estate of George Stewart King, Deceased, and National Surety Corp., a corporation of the State of New York.

United States Court of Appeals Third Circuit.

Decided September 13, 1963.

Attorney(s) appearing for the Case

Alan S. Rosenthal, John W. Douglas, Acting Asst. Atty. Gen., David M. Satz, Jr., U. S. Atty., Morton Hollander, Mark R. Joelson, Attys., Dept. of Justice, Washington, D. C., for appellant.

Paul T. Murphy, Crummy, Gibbons & O'Neill, Newark, N. J., for National Surety Corp.

David S. Bate, Boyd, Dodd, Keer & Booth, Montclair, N. J., for Elizabeth S. King.

Before BIGGS, Chief Judge, and McLAUGHLIN and GANEY, Circuit Judges.

BIGGS, Chief Judge.

This is an appeal from a judgment dismissing the complaint of the United States on the ground that the evidence fails to support the cause of action alleged.

The action was brought by the United States against the executrix of George S. King,1 a distributing agent for the Seeley Tube and Box Company, a bankrupt in a Chapter XI proceeding, and against National Surety Corporation, the surety on King's bond. The...

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