VAN DUSEN, District Judge.
This case comes before the court on a motion by defendant under Rule 12, Fed.R.Civ.P., 28 U.S.C. to dismiss a petition (filed October 13, 1955) for the return of petitioner's 1955 Ford automobile which has been seized by the defendant because of its use in transporting a narcotic drug, under the terms of Sections 1 and 2 of the Act of August 9, 1939, c. 618, 53 Stat. 1291, as amended, 49 U.S.C.A. §§ 781, 782.
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