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UNITED STATES v. ONE STUDEBAKER COACH AUTOMOBILE

No. 5764.

32 F.2d 866 (1929)

UNITED STATES v. ONE STUDEBAKER COACH AUTOMOBILE.

Circuit Court of Appeals, Ninth Circuit.

May 20, 1929.

Attorney(s) appearing for the Case

Samuel W. McNabb, U. S. Atty., and Harry Graham Balter, Asst. U. S. Atty., both of Los Angeles, Cal.

John L. McGonigle and Victor Ford Collins, both of Los Angeles, Cal., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts).

The appellant contends that the finding of the court below that the possession of the liquor by the driver of the automobile was possession involved in and incidental to transportation is erroneous for the reason that the agreed facts show that at no time while the liquor was in the vehicle was the vehicle in actual motion. Whether the automobile is subject to forfeiture under Revised Statutes, § 3450, or the...

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