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INDIANA LUMBERMEN'S MUT. INS. CO. v. U.S.

No. 93-CO-725.

640 A.2d 1036 (1994)

INDIANA LUMBERMEN'S MUTUAL INSURANCE CO., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 25, 1994.

Attorney(s) appearing for the Case

Alan S. Toppelberg, Washington, DC, for appellant.

G. Michael Lennon, Asst. U.S. Atty., with whom J. Ramsey Johnson, U.S. Atty. at the time the brief was filed, and John R. Fisher, and Thomas J. Tourish, Jr., Asst. U.S. Attys., Washington, DC, were on the brief, for appellee.

Before FERREN, STEADMAN and SULLIVAN, Associate Judges.

SULLIVAN, Associate Judge:

Appellant, Indiana Lumbermen's Mutual Insurance Company ("Indiana Lumbermen"), appeals from the trial court's order denying without a hearing its motion to set aside a bond forfeiture pursuant to Super.Ct.Crim.R. 116(h)(2). Indiana Lumbermen contends that the trial court abused its discretion in (1) denying its motion to set aside the bond forfeiture on the basis of impossibility of performance and (2) failing to conduct a hearing to ascertain...

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