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RIMMER v. UNITED STATES

No. 12510.

172 F.2d 954 (1949)

RIMMER v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

February 25, 1949.

Attorney(s) appearing for the Case

T. Gilbert Sharpe, of Brownsville, Tex., for appellant.

Brian S. Odem, U. S. Atty., and William R. Eckhardt, III, Asst. U. S. Atty., both of Houston, Tex., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Filed under Sec. 404 of the Espionage Act1 for the forfeiture of an automobile, the libel alleged that it had been seized under Sec. 401 of the Act from one Rimmer; that he was then and there exporting and intending to export and attempting to ship it from, and take it out of, the United States; and that it was, therefore, forfeit.

The claimant Rimmer, denying that he was exporting or about to export the...

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