UNITED STATES of America, Appellee, v. E. S. MOTOR TRANSPORTATION CO., Inc., Defendant, and SUN INDEMNITY CO. of New York, Appellant.

No. 122.Circuit Court of Appeals, Second Circuit.
November 5, 1934.

Appeal from the District Court of the United States for the Southern District of New York.

Appeal by the defendant from a judgment of the District Court for the Southern District of New York in an action at law upon a bond.

Reversing judgment in 8 F. Supp. 844.

Edward Ash, of New York City, for E. S. Motor Transp. Co.

Leo M. Brimmer, of New York City (Lawson R. Jones, of New York City, of counsel), for Sun Indemnity Co.

Martin Conboy, U.S. Atty., of New York City (Earle N. Bishopp, Asst. U.S. Atty., of Brooklyn, N.Y., of counsel), for the United States.

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


This case involves the same question that was before the court in United States v. James A. Mack (C.C.A.) 73 F.2d 265, except that the judge here gave judgment on the bond. For the reasons stated in that case, this judgment must be reversed and trial ordered.

Judgment reversed; trial ordered.