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GOLDMAN v. AMERICAN DEALERS SERVICE

No. 215.

135 F.2d 398 (1943)

GOLDMAN et al. v. AMERICAN DEALERS SERVICE, Inc.

Circuit Court of Appeals, Second Circuit.

April 2, 1943.

Attorney(s) appearing for the Case

Mathias F. Correa, U. S. Atty., of New York City (Samuel Brodsky and Arnold C. Stream, both of New York City, of counsel), for appellants.

Lester Lewis Jay, of New York City, for appellee.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

There is no statutory provision for the institution of forfeiture proceedings with respect to documents seized under 39 U.S. C.A. § 498. Accordingly, we construe the order of the district court as requiring the return of the seized check unless proceedings were promptly brought for violation of 18 U.S.C.A. § 304.

Were it not for 39 U.S.C.A. § 499 and 28 U.S.C.A. § 747,2 appellee could have...

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