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HAYES v. UNITED STATES

No. 2055.

112 F.2d 417 (1940)

HAYES et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

May 15, 1940.

Attorney(s) appearing for the Case

Earl Pruet, of Oklahoma City, Okl. (Hayes, Richardson, Shartel & Gilliland and Stewart W. Mark, all of Oklahoma City, Okl., on the brief), for appellants.

Whit Y. Mauzy, U. S. Atty., and Wm. Knight Powers, Asst. U. S. Atty., both of Tulsa, Okl., for the United States.

Jim Barnett, of Oklahoma City, Okl., and John Wade Tyree, of Lawton, Okl., amici curiæ.

Wils Davis, of Memphis, Tenn., and Frank Hickman, of Tulsa, Okl., amici curiæ.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge, delivered the opinion of the court.

The United States brought this proceeding under 27 U.S.C.A. § 224 for the forfeiture of a 1939 Ford De Luxe Coupe and 150 gallons of tax-paid intoxicating liquor. Hayes, Vose, and Turner1 filed a petition in intervention wherein they set up that they were holders of a chattel mortgage upon the coupe and prayed for a decree awarding them possession thereof. From a judgment...

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