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WILLIAMS v. UNITED STATES

No. 472-70.

444 F.2d 742 (1971)

Rudolph WILLIAMS, and United Bonding Insurance Company, Surety-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

June 30, 1971.

Attorney(s) appearing for the Case

Lewis E. Pierce, of Pierce, Duncan, Bill & Russell, Kansas City, Mo. (Robert G. Duncan, Kansas City, Mo., and James E. Woodson, Topeka, Kan., with him on the brief), for appellant.

Edward H. Funston, Asst. U. S. Atty., Wichita, Kan. (Robert J. Roth, U. S. Atty., and Stephen K. Lester, Asst. U. S. Atty., on the brief), for appellee.

Before PICKETT, Senior Circuit Judge, HOLLOWAY, Circuit Judge, and BRATTON, District Judge.

BRATTON, District Judge.

This is an appeal from an order of the court below denying appellant's motion to set aside the judgment and forfeiture previously entered against it as surety on a bond for Rudolph Williams.

Williams was convicted of bank robbery in August of 1968. He was sentenced to a prison term of ten years and remanded to the custody of the Attorney General. He subsequently filed a notice of appeal and, when appellant posted its bond in the sum...

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