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UNITED STATES v. MACK

No. 76.

73 F.2d 265 (1934)

UNITED STATES v. MACK et al.

Circuit Court of Appeals, Second Circuit.

November 5, 1934.

Attorney(s) appearing for the Case

Leo J. Hickey, U. S. Atty., Emanuel Bublick, and Alfred C. McKenzie, Asst. U. S. Attys., all of Brooklyn, N. Y., and L. Y. Ray, Sp. Asst. Atty. Gen., for the United States.

Louis Halle, of New York City (Milton R. Kroopf, of New York City, on the brief), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

The United States sued Mack and the Surety Company upon a bond executed in the form prescribed by section 26, title 2, of the National Prohibition Act (27 USCA § 40), on the thirty-first day of October, 1930. The condition read as follows: "The said principal shall return the aforesaid conveyance or vehicle to the custody of the officer approving this bond on the day of the criminal trial to abide the judgment of the court." The occasion...

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