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UNITED STATES v. ONE 1956 FORD FAIRLANE TUDOR SEDAN, MOTOR NO. M6ET100140

No. 6098.

272 F.2d 704 (1959)

UNITED STATES of America, Appellant, v. ONE 1956 FORD FAIRLANE TUDOR SEDAN, MOTOR NO. M6ET100140, Appellee.

United States Court of Appeals Tenth Circuit.

November 27, 1959.

Attorney(s) appearing for the Case

Paul M. Brewer, Asst. U. S. Atty., Muskogee, Okl. (Frank D. McSherry, U. S. Atty., and Harry G. Fender, Asst. U. S. Atty., Muskogee, Okl., were with him on the brief), for appellant.

No appearance for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The government seeks the forfeiture of a Ford Fairlane automobile under 26 U.S.C. §§ 7301 and 7302 because of the transportation therein of sugar allegedly intended for use in the unlawful manufacture of distilled spirits. The car is claimed by its owner, Kirkes, who was driving it at the time of seizure. Kirkes was indicted under 26 U.S.C. § 5686(b) for the possession of property intended for use in violation of the provisions...

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