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ONE 1941 FORD ½ TON PICKUP A. TRUCK, ETC. v. UNITED STATES

No. 9652.

140 F.2d 255 (1944)

ONE 1941 FORD ½ TON PICKUP AUTOMOBILE TRUCK, MOTOR NO. 18 — 6725628 v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 31, 1944.

Attorney(s) appearing for the Case

Clint W. Hager and J. F. Kemp, both of Atlanta, Ga., and W. A. McClure, of Chattanooga, Tenn., for appellant.

J. B. Frazier, Jr., and O. T. Ault, both of Chattanooga, Tenn., for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

On the night of July 21-22, 1942, agents of the Alcohol Tax Unit, while watching a house on Wildwood Road in Bradley County, Tennessee, saw a 1941 Model Ford Truck drive up and upon searching it found therein five gallons of untaxed liquor; whereupon they seized the truck.

A libel was filed against the truck under the provisions of Sec. 3450 R.S., as amended, Sec. 3321, 26 U.S.C.A. Int.Rev.Code.1

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