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GENERAL FINANCE & THRIFT CORP. v. UNITED STATES

No. 15621.

226 F.2d 735 (1955)

GENERAL FINANCE & THRIFT CORPORATION, Claimant of One 1954 Model Mercury Coach Automobile, Motor No. 54SL71421M, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 9, 1955.

Attorney(s) appearing for the Case

Arnold Shulman, H. A. Stephens, Jr., Atlanta, Ga., McKenzie, Kaler & Shulman, Atlanta, Ga., Woodruff, Swift & Stephens, Atlanta, Ga., of counsel, for appellant.

John W. Stokes, Jr., Asst. U. S. Atty., James W. Dorsey, U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

Appealing from an order denying its claim, as a protected lienor1 under Sec. 3617, 18 U.S.C., for remission of forfeiture, claimant is here insisting that the order was based upon findings of fact, which are without support in the record, and conclusions of law, which are at variance with the decided cases. For the reasons hereafter briefly stated, we agree.

The cause was submitted below upon a stipulation...

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