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UNITED STATES v. LEVESON

No. 17103.

262 F.2d 659 (1959)

UNITED STATES of America, Appellant, v. Harris LEVESON, Jr., Claimant of $16,833.00, Appellee.

United States Court of Appeals Fifth Circuit.

January 30, 1959.

Attorney(s) appearing for the Case

David C. Clark, Jr. and O. B. Cline, Jr., Asst. U. S. Attys., James L. Guilmartin, U. S. Atty. for the Southern Dist. of Florida, Miami, Fla., for appellant.

Murray Goodman, Ben Cohen, Miami Beach, Fla., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

This appeal presents the question whether the trial court erred in finding that the United States had failed to prove by a preponderance of the evidence that a sum of money seized on the premises of the appellee's betting establishment (which was admittedly operated in violation of the internal revenue laws) was property either intended for use in violating the internal revenue laws, or was being used in violating such laws at the time of its...

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