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UNITED STATES v. ONE AIRPLANE

No. 2697-M.

23 F.2d 500 (1927)

UNITED STATES v. ONE AIRPLANE, etc. (HAHN, Claimant and Intervener).

District Court, S. D. California, S. D.

December 23, 1927.

Attorney(s) appearing for the Case

Samuel W. McNabb, U. S. Atty., and Elden McFarland, Asst. U. S. Atty., both of Los Angeles, Cal., for libelant.

Sherman & Sherman, of Los Angeles, Cal., for claimant and intervener

McCORMICK, District Judge.

In my opinion under the evidence in this matter, which is a libel brought by the government for the purpose of forfeiting an airplane under the provisions of the Acts of May 22, 1918 (22 USCA §§ 223-226), and March 2, 1921 (22 USCA § 227), the proceeding must be dismissed.

It would appear that all penal provisions, which include those concerning forfeiture of vehicles in the War-Time Passport Act of May 22, 1918, have...

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