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UNITED STATES v. ONE 1938 MODEL CHEVROLET COACH, ETC.

No. 9266.

106 F.2d 985 (1939)

UNITED STATES v. ONE 1938 MODEL CHEVROLET COACH, MOTOR NO. 1427089, WEST CHEVROLET CO.

Circuit Court of Appeals, Fifth Circuit.

October 30, 1939.

Attorney(s) appearing for the Case

Jim C. Smith, U. S. Atty., and Jack H. McGuire, Asst. U. S. Atty., both of Birmingham, Ala., for appellant.

Clarence H. Mullins, of Birmingham, Ala., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

This suit was brought for the remission of a forfeiture under the provisions of the Liquor Law Repeal and Enforcement Act, 27 U.S.C.A. § 40a.

The West Chevrolet Company is an automobile sales concern doing business in Piedmont, Alabama. On April 26, 1938, Lawrence O'Kelley, a resident of Anniston, Alabama, purchased a 1938 Model Chevrolet Coach from this concern. O'Kelley traded in a used car as down payment and represented to West...

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