UNITED STATES v. GANEY

No. 13136.

183 F.2d 273 (1950)

UNITED STATES v. GANEY.

United States Court of Appeals Fifth Circuit.

June 30, 1950.


Attorney(s) appearing for the Case

Hayford O. Enwall, Asst. U. S. Atty., Gainesville, Fla., George Earl Hoffman, U. S. Atty., Pensacola, Fla., for appellant.

Weldon G. Starry, Tallahassee, Fla., for appellee.

Before HOLMES, WALLER, and BORAH, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from the district court's refusal to order a forfeiture of an automobile used to violate the Internal Revenue Laws in the sale of tax-paid whiskey without the required retail liquor dealer's license. The undisputed facts are as follows:

James T. Ganey operated a place of business in Leon County, Florida, where it was unlawful to sell intoxicating liquors of any kind. An employee of the State Beverage Department bought...

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