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UNITED STATES v. WHIPPET COUPE

No. 46.

61 F.2d 855 (1932)

UNITED STATES v. WHIPPET COUPE, LICENSE NO. 6-Y-5687, MOTOR NO. 69,269, et al.

Circuit Court of Appeals, Second Circuit.

November 7, 1932.

Attorney(s) appearing for the Case

Plante & Abrahams, of New York City, for claimants-appellants.

George Z. Medalie, U. S. Atty., of New York City (Bronson Goddard, of New York City, of counsel), for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

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

On the above facts, the court directed a verdict for the government, and issued its decree of forfeiture of the automobile on a libel brought under section 3450, R. S. (26 USCA §§ 1181, 1182). The claimants have appealed, and now insist that no forfeiture was lawful except under section 26 of title 2 of the National Prohibition Act (27 USCA § 40), which preserves the rights of innocent mortgagees...

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