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UNITED STATES v. ONE 1948 PLYMOUTH SEDAN

No. 10651.

198 F.2d 399 (1952)

UNITED STATES v. ONE 1948 PLYMOUTH SEDAN, etc.

Circuit Court of Appeals Third Circuit.

Decided July 17, 1952.

Attorney(s) appearing for the Case

Alexander Feinberg, Asst. U. S. Atty., Newark, N. J. (Grover C. Richman, Jr., U. S. Atty., Samuel Cohen, Attorney in Charge, Alcohol and Tobacco Tax Legal Division, Newark, N. J., on the brief), for appellant.

No brief and no oral argument for appellee.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

On June 18, 1951, the United States filed a libel to forfeit a Plymouth Sedan. The provisions of 26 U.S.C.A. § 3116,1 (the Internal Revenue Code) were and are relied on to sustain forfeiture. On October 25, 1951, the court below dismissed the libel2 and the United States has appealed. The sole question for determination is whether the sedan which was used only to transport the operator...

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