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MALLINGER v. UNITED STATES

No. 5943.

82 F.2d 705 (1936)

MALLINGER et al. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied March 18, 1936.

Attorney(s) appearing for the Case

Warren H. Van Kirk and John S. Pyle, both of Pittsburgh, Pa., for appellants.

Horatio S. Dumbauld, U. S. Atty., and Jay R. Spiegel, Asst. U. S. Atty., both of Pittsburgh, Pa., for the United States.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

This case concerns the forfeiture by the government of some 50,000 glass bottles. The libel alleged that these bottles were subject to forfeiture, among other grounds, by virtue of section 3450 of the Revised Statutes of the United States (26 U.S.C.A. § 1441), to which cause of forfeiture alone we now confine ourselves. The libel alleged the seizure of "more than 50,000 used empty liquor bottles, bearing labels of various kinds of whiskey...

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