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UNITED STATES v. CAREY

No. 17778.

272 F.2d 492 (1959)

UNITED STATES of America, Appellant, v. S. B. CAREY, Claimant of One 1958 Model Chevrolet 2-Door Impala, Motor Number T 1029HA and One J. P. Sauer & Sohn 7.65 Caliber Semi-Automatic Pistol, Serial Number 132877, Appellee.

United States Court of Appeals Fifth Circuit.

December 3, 1959.

Attorney(s) appearing for the Case

Jack McDill, Asst. U. S. Atty., Robert E. Hauberg, U. S. Atty., Jackson, Miss., for appellant.

Robert B. Adam, Gulfport, Miss., for appellee.

Before RIVES, Chief Judge, and BROWN and WISDOM Circuit Judges.

WISDOM, Circuit Judge.

The question for decision is whether there was an illegal search and seizure by federal officers defeating the forfeiture of an automobile seized for transporting nontaxpaid whiskey.1

S. B. Carey, the claimant, is an automobile dealer. On November 18, 1957, he sold a 1958 white Chevrolet Impala to Margaret Baggett. The terms of the conditional sales contract reserved title in the seller or anyone to whom...

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