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UNITED STATES v. ONE WHIPPET SEDAN AUTOMOBILE

No. 4286.

41 F.2d 496 (1930)

UNITED STATES v. ONE WHIPPET SEDAN AUTOMOBILE et al. SAME v. WILLIAMS FINANCE CO.

Circuit Court of Appeals, Seventh Circuit.

June 4, 1930.

Attorney(s) appearing for the Case

George L. Rulison, of South Bend, Ind., for the United States.

D. E. Hoopingarner, of Chicago, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

ALSCHULER, Circuit Judge.

The question is whether the government was justified in proceeding for the forfeiture of the car under section 3450, Rev. St. (26 USCA §§ 1181, 1182), whereunder lienors are not protected, or whether it should have proceeded under section 26, title 2, of the National Prohibition Act (27 USCA § 40), which does protect the rights of innocent lienors. The District Court found against the government's contention of right to proceed...

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