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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