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UNITED STATES v. MILLER

7 F.Supp. 920 (1934)

UNITED STATES v. MILLER et al.

District Court, S. D. New York.

August 17, 1934.

Attorney(s) appearing for the Case

Martin Conboy, U. S. Atty., of New York City (Malcolm A. Crusius, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Walter B. Herendeen, of New York City (Seymour Joseph, of New York City, of counsel), for surety.

Albert D. Levin, of New York City, for surety before rehabilitation.

HULBERT, District Judge.

The Concord Casualty & Surety Company applies to vacate the forfeiture of twenty-nine bail bonds furnished for as many individual defendants prosecuted for a misdemeanor under the late National Prohibition Act (title 27 USCA).

The action is brought under section 601, title 18 USCA, which provides, "When any recognizance in a criminal cause, taken for, or in, or returnable to, any court of the United States, is forfeited by a breach...

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