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UNITED STATES v. ONE 1957 OLDSMOBILE AUTOMOBILE

No. 17135.

256 F.2d 931 (1958)

UNITED STATES of America, Appellant, v. ONE 1957 OLDSMOBILE AUTOMOBILE, Motor No. A227445, and General Motors Acceptance Corporation, Intervenor, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 5, 1958.

Attorney(s) appearing for the Case

John C. Ford, Asst. U. S. Atty., Dallas, Tex., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellant.

Spencer Carver, Biggers, Baker, Lloyd & Carver, Dallas, Tex., for appellees.

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

TUTTLE, Circuit Judge.

This is an appeal by the United States from an order by the District Court remitting the automobile in question to the intervenor General Motors Acceptance Corporation, in a condemnation proceeding under the provisions of 49 U.S.C.A. §§ 781 and 782.1

This is an example of "hard cases making bad law" so far as the judgment of the trial court is concerned. Finding, as he did, that a "very small quantity...

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