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UNITED STATES v. CLANTON

No. 5967.

264 F.2d 773 (1959)

UNITED STATES of America, Appellant, v. Eva Mae CLANTON, Appellee.

United States Court of Appeals Tenth Circuit.

March 23, 1959.

Attorney(s) appearing for the Case

Hubert A. Marlow, Asst. U. S. Atty., Northern District of Oklahoma, Tulsa, Okl. (Robert S. Rizley, U. S. Atty., Northern District of Oklahoma, Tulsa, Okl., was with him on the brief), for appellant.

No appearance for appellee.

Before BRATTON, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

The United States appeals from a portion of the judgment of the District Court refusing forfeiture of a 1954 Mercury automobile owned by appellee. Forfeiture was claimed by libel alleging an unlawful use of the vehicle in violation of 18 U.S.C.A. § 12621 by virtue of 18 U.S.C.A. § 3615.2 The trial court concluded that the Mercury automobile had not been used in the transportation...

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