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SMYTHE v. UNITED STATES

No. 88.

188 U.S. 156 (1903)

23 S.Ct. 279

47 L.Ed. 425

SMYTHE v. UNITED STATES.

Supreme Court of United States.

Decided January 26, 1903.

Attorney(s) appearing for the Case

Mr. William A. Maury, with whom Mr. William Grant, Mr. Walker Brainerd Spencer, Mr. J.D. Rouse, Mr. B. McCloskey and Mr. E. Howard McCaleb were on the brief, for the plaintiffs in error.

Mr. Assistant Attorney General Beck for defendant in error. Mr. Charles H. Robb was with him on the brief.

MR. JUSTICE HARLAN, after making the foregoing statement, delivered the opinion of the court.

As the Circuit Court and the Circuit Court of Appeals both held that the question of the liability of Smythe was determined for the Government by the decisions of this court — which view the defendants controverted — we must ascertain the import of those decisions. This course is made necessary by the contention of...

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