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UNITED STATES v. THE CHERIE

Nos. 149-151.

9 F.2d 640 (1926)

UNITED STATES v. THE CHERIE (two cases), with libel against its cargo of intoxicating liquors.

District Court, D. Maine, S. D.

January 6, 1926.

Attorney(s) appearing for the Case

Frederick R. Dyer, U. S. Atty., and William B. Nulty, Asst. U. S. Dist. Atty., both of Portland, Me.

Louis Halle, of New York City, C. F. Hathaway, of Lynn, Mass., Max L. Pinansky, of Portland, Me., and John B. Merrill, of Bangor, Me., for claimant.

PETERS, District Judge.

These three libels, two against the vessel and one against its cargo of liquors, involve the same facts and were tried together. Numerous grounds of forfeiture are set forth in the libels, but I am unable to find substantial merit in any of them except those based on section 586 of the Tariff Act of 1922 (Comp. St. Ann. Supp. 1923, § 5841h5), which reads as follows:

5841h5. * * * Unlading — Exception. — The...

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