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UNITED STATES v. GARTH MOTOR CO.

No. 4372.

4 F.2d 528 (1925)

UNITED STATES v. GARTH MOTOR CO.

Circuit Court of Appeals, Fifth Circuit.

February 27, 1925.

Attorney(s) appearing for the Case

C. B. Kennamer, U. S. Atty., of Guntersville, Ala., and Jim C. Smith, Asst. U. S. Atty., of Birmingham, Ala.

Wm. S. Pritchard and John D. Higgins, both of Birmingham, Ala., for appellee.

Before WALKER and BRYAN, Circuit Judges, and ESTES, District Judge.

BRYAN, Circuit Judge.

This is a libel of information under R. S. § 3450 (Comp. St. § 6352), for the forfeiture of an automobile. The facts relied on by the government are that one Killian had the automobile in his possession, and was using it for the purpose of depositing or concealing therein liquor which had been illicitly distilled, with the intent to defraud the United States of its internal revenue tax. The claimant, Garth Motor Company, had sold the...

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