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UNITED STATES v. ONE MACK AUTO TRUCK

No. 122.

4 F.2d 923 (1925)

UNITED STATES v. ONE MACK AUTO TRUCK.

Circuit Court of Appeals, Second Circuit.

January 5, 1925.

Attorney(s) appearing for the Case

William Hayward, U. S. Atty., of New York City (Francis A. McGurk, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Kevie Frankel, of New York City (Jerome C. Jackson, of New York City, of counsel), for defendant in error.

Before HOUGH and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

LEARNED HAND, District Judge.

The libel set up three counts against the claimant's motor truck, which had been arrested while carrying two barrels and a crate of whisky, illegally imported into the United States. All were laid under section 3062 of the Revised Statutes (Comp. St. § 5764), which condemns a vehicle that carries merchandise so imported. The first count was because the whisky had not been manifested on the vessel which imported it (Rev. St. §...

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