UNITED STATES v. BURCH

No. 18679.

294 F.2d 1 (1961)

UNITED STATES of America, Appellant, v. Howell F. BURCH, Appellee.

United States Court of Appeals Fifth Circuit.

August 24, 1961.


Attorney(s) appearing for the Case

William C. Calhoun, U. S. Atty., William T. Morton, Asst. U. S. Atty., Augusta, Ga., for appellant.

Carl K. Nelson, Dublin, Ga., for appellee.

Before JONES and BROWN, Circuit Judges, and CONNALLY, District Judge.


JOHN R. BROWN, Circuit Judge.

This case involving the seizure and condemnation of property allegedly used in the manufacture of illicit whiskey raises one primary question for our consideration. That is whether an earlier acquittal of Burch in a criminal prosecution involving possession of the same property made the subject of this libel of forfeiture operates as a bar to the present action on principles of res judicata, or more properly collateral estoppel. Consideration...

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