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C. I. T. CORPORATION v. UNITED STATES

No. 8650.

40 F.2d 825 (1930)

C. I. T. CORPORATION v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 3, 1930.

Attorney(s) appearing for the Case

M. T. Woods, Jr., of Sioux Falls, S. D. (J. H. Voorhees and T. M. Bailey, both of Sioux Falls, S. D., on the brief), for appellant.

Frank G. McCormick, Asst. U. S. Atty., of Sioux Falls, S. D. (Olaf Eidem, U. S. Atty., of Sioux Falls, S. D., and Byron S. Payne, Asst. U. S. Atty., of Pierre, S. D., on the brief), for appellee.

Before STONE and GARDNER, Circuit Judges, and MILLER, District Judge.

STONE, Circuit Judge.

This is a proceeding under section 26 of title 2 of the National Prohibition Act (41 Stat. 315, 27 USCA § 40) to forfeit an automobile. From an order of forfeiture, this appeal is brought.

The case was tried below and is presented here on the theory that the appellant is a lienor. This appeal can be disposed of without determining whether appellant is an owner or a lienor within the above section. Without examining that matter, we...

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