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CITY NAT. BANK & TRUST CO. v. UNITED STATES

No. 13519.

163 F.2d 820 (1947)

CITY NAT. BANK & TRUST CO. OF OKLAHOMA CITY, OKL., v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

October 23, 1947.

Attorney(s) appearing for the Case

Shapard & Wallace, of Oklahoma City, Okl., and Lawrence J. Kean, of Sioux Falls, S. D., for appellant.

Leo P. Flynn, U. S. Atty., of Sioux Falls, S. D. (Matthew A. Brown, Asst. U. S. Atty., of Chamberlain, S. D., on the brief), for appellee.

Before SANBORN, THOMAS and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

In a libel proceeding brought by the United States the intervenor appeals from a judgment denying remission or mitigation of forfeiture of an automobile seized while being used to transport whiskey from Sioux Falls, South Dakota, into the state of Oklahoma, in violation of the laws of that state and of the laws of the United States, 26 U. S.C.A.Int.Rev.Code, §§ 3116 and 3250.

The automobile loaded with whiskey was taken in...

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