UNITED STATES v. ONE GRAHAM BROS. TRUCK

No. 2161.

39 F.2d 141 (1930)

UNITED STATES v. ONE GRAHAM BROS. TRUCK.

District Court, E. D. New York.

March 11, 1930.


Attorney(s) appearing for the Case

Joseph G. Myerson, of New York City, for claimant.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (J. Bertram Wegman, Asst. U. S. Atty., of New York City, and Emanuel Bublick, Asst. U. S. Atty., of Brooklyn, of counsel), for the United States.


MOSCOWITZ, District Judge.

This action has been submitted for decision upon the pleadings and agreed statement of facts. It has been stipulated that a jury be waived.

The libelant seeks to forfeit one Graham Bros. truck pursuant to the provisions of section 3258 of the Revised Statutes (26 USCA § 281), which reads as follows:

"Every person having in his possession or custody, or under his control, any still or distilling apparatus set up, shall...

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