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RUSH v. UNITED STATES

No. 5820.

256 F.2d 862 (1958)

Richard Doyle RUSH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 16, 1958.

Attorney(s) appearing for the Case

A. Camp Bonds and Edwin Langley, Muskogee, Okl., for appellant.

Paul M. Brewer, Asst. U. S. Atty., Muskogee, Okl. (Frank D. McSherry, U. S. Atty., and Harry G. Fender, Asst. U. S. Atty., Muskogee, Okl., on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant Rush is the owner of a 1954 Ford automobile which was seized in Pushmataha County, Oklahoma, on March 17, 1957, by officers of the Alcohol and Tobacco Tax Division of the Internal Revenue Service of the United States because of its alleged use in the transportation of illicit distilled spirits in violation of 26 U.S.C. §§ 7301 and 7302.

Purporting to act under 26 U.S.C. § 7325, the supervisor in charge...

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