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RUBIN v. UNITED STATES

No. 18433.

289 F.2d 195 (1961)

Sam RUBIN, Claimant, v. UNITED STATES of America.

United States Court of Appeals Fifth Circuit.

March 27, 1961.

Attorney(s) appearing for the Case

Max Lurie, Miami, Fla., for appellant.

Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., for appellee.

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

RIVES, Circuit Judge.

This appeal is from a judgment under 22 U.S.C.A. § 401, as amended August 13, 1953, 67 Stat. 577,1 forfeiting and condemning to the United States two Douglas B-26 airplanes.

The libel alleged that the two airplanes, of which Sam Rubin claimed to be the owner, were seized by agents of the Bureau of Customs, Treasury Department; that these planes were munitions and implements of war, as defined in regulations...

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