United States v. Berger

DIMOND, District Judge.

Trial on the merits was had, and at the conclusion thereof the Court granted motion of plaintiffs for an instructed verdict. That verdict finds that plaintiffs are entitled to recover from defendants $5,570.67 with interest thereon at the rate of 6% per annum from January 6, 1940. Motion for new trial has been argued and submitted.

This is an action on an injunction bond given by the defendants, Berger, as principal, and Wells, Irvin and McDonald, as sureties, in a suit (No. A-1053) hereinafter referred to as the first suit, brought in this Court in 1938, in which Berger…