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CONTINENTAL CASUALTY COMPANY v. UNITED STATES

No. 6324.

337 F.2d 602 (1964)

CONTINENTAL CASUALTY COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

October 27, 1964.

Attorney(s) appearing for the Case

Walter J. Hurley, Boston, Mass., with whom Bernard J. Dwyer and Hurley & Dwyer, Boston, Mass., were on brief, for appellant.

William F. Looney, Jr., Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is a proceeding to forfeit a bail bond because of the non-appearance of the defendant. The defense is that defendant's earlier leaving of the United States with the permission of the court was without the knowledge and assent of the surety. If true, this is a valid defense. Reese v. United States, 1869, 9 Wall. 13, 76 U.S. 13, 19 L.Ed. 541; United States v. Vendetti, D.C.D.Mass., 1940,

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