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UNITED STATES v. JENELLO

No. 6444.

102 F.2d 587 (1939)

UNITED STATES v. JENELLO.

Circuit Court of Appeals, Third Circuit.

March 14, 1939.

Attorney(s) appearing for the Case

Brien McMahon, Asst. Atty. Gen., Blair N. Ilderton, of Philadelphia, Pa., Sp. Atty., Alcohol Tax Unit, for appellant.

John Memolo, John W. Crolly, J. Julius Levy, and A. M. Lucks, all of Scranton, Pa., for appellee.

Before DAVIS and THOMPSON, Circuit Judges, and DICKINSON, District Judge.

THOMPSON, Circuit Judge.

This is an appeal from a decree of the District Court for the Middle District of Pennsylvania. The United States filed a libel praying the forfeiture of a large quantity of distilled spirits, a safe and its contents. This property had been seized by federal revenue agents in the home of Ruth and Peter Jenello. It is averred in the libel that no tax had been paid upon the distilled spirits and that the intent was to possess, sell and remove...

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