UNITED STATES v. BRYAN

No. 17240.

265 F.2d 698 (1959)

UNITED STATES of America, Appellant, v. Walter H. BRYAN and Riverside Bank of Jacksonville, Claimants of One 1957 Ford Wrecker-Truck, Serial No. F80F7H13614, Appellees.

United States Court of Appeals Fifth Circuit.

April 16, 1959.


Attorney(s) appearing for the Case

E. Coleman Madsen, Asst. U. S. Atty., James L. Guilmartin, U. S. Atty., Southern District of Florida, Jacksonville, Fla., for appellant.

John W. Muskoff, W. Gregory Smith, Jacksonville, Fla., for appellees.

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


TUTTLE, Circuit Judge.

This is an appeal from a judgment entered on a directed verdict in favor of the claimants of a tow truck libeled by the United States. The single question presented for our consideration is whether the United States made a sufficient showing the vehicle was being used at the time of its seizure so as to be subject to forfeiture under the provisions of section 7301(e) of the Internal Revenue Code of 1954, 26 U.S.C.A. § 7301(e). The lower...

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