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GENERAL MOTORS ACCEPTANCE CORPORATION v. UNITED STATES

No. 2642.

23 F.2d 799 (1928)

GENERAL MOTORS ACCEPTANCE CORPORATION v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 10, 1928.

Attorney(s) appearing for the Case

Frank H. Kennedy, of Charlotte, N. C. (Tillett, Tillett & Kennedy, of Charlotte, N. C., on the brief), for appellant.

Frank C. Patton, Asst. U. S. Atty., of Morganton, N. C. (Thomas J. Harkins, U. S. Atty., of Asheville, N. C., and K. J. Kindley, Asst. U. S. Atty., of Charlotte, N. C., on the brief), for the United States.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

NORTHCOTT, Circuit Judge.

On August 3, 1926, one Pontiac sedan automobile, No. 18935, was seized by federal prohibition agents in Rockingham county, North Carolina, and upon seizure it was found to contain 35 gallons of alcoholic liquor upon which the tax had not been paid. The seizure was reported as made under section 3450 of the Revised Statutes (26 USCA §§ 1181, 1182; Comp. St. § 6352), and was so reported by the agents making it. On October 4,...

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