UNITED STATES v. TWO SOAKING UNITS, ETC.

No. 271.

48 F.2d 107 (1931)

UNITED STATES v. TWO SOAKING UNITS AND VARIOUS OTHER ARTICLES (EXCELSIOR BREWING, Inc., et al., Claimants).

Circuit Court of Appeals, Second Circuit.

March 9, 1931.


Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg, J. Bertram Wegman, and Emanuel Bublick, Asst. U. S. Attys., all of Brooklyn, N. Y., of counsel), for the United States.

Louis J. Castellano, of Brooklyn, N. Y., for appellees.

Before L. HAND, CHASE, and MACK, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

It has been agreed by the parties that the libel is sufficient as a pleading, and no question is raised as to the seizure having been made by the Prohibition Administrator instead of by a collector or deputy collector. We are, therefore, faced with the issue of whether or not any federal officers had the lawful right to seize the property.

It is plain that there could be no seizure of real estate. Apparently...

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