UNITED STATES v. ONE 1940 DODGE TRUCK

No. 12028.

165 F.2d 211 (1947)

UNITED STATES v. ONE 1940 DODGE TRUCK, MOTOR NO. 1203-5772.

Circuit Court of Appeals, Fifth Circuit.

December 9, 1947.


Attorney(s) appearing for the Case

Leavenworth Colby, of Washington, D. C., H. W. Moursund, U. S. Atty., of San Antonio, Tex., and Holvey Williams and Frank H. Hunter, Asst. U. S. Attys., both of El Paso, Tex., for appellant.

George Rodriguez and W. O. Hamilton, both of El Paso, Tex., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a judgment directing the return to the claimant of a 1940-Dodge truck, which is sought to be forfeited under the Espionage Act of 1917, as amended, 22 U.S.C.A. § 401 et seq., and the Export Control Act of 1940, as amended, 50 U.S.C.A. Appendix, § 701 et seq.

The libel charged that the truck was being, and was intended to be, taken out of the United States in violation of law, and with the intent on the part...

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