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UTLEY WHOLESALE COMPANY v. UNITED STATES

No. 19410.

308 F.2d 157 (1962)

UTLEY WHOLESALE COMPANY, Claimant, Appellant, v. UNITED STATES of America, Libelant, Appellee.

United States Court of Appeals Fifth Circuit.

September 13, 1962.

Attorney(s) appearing for the Case

Tom F. Phillips, Baton Rouge, La., George K. Reeves, Caruthersville, Mo., Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., Ward & Reeves, Caruthersville, Mo., for Utley Wholesale Co. and Murlon T. Utley, claimants-appellants.

Peter E. Duffy, Asst. U. S. Atty., New Orleans, La., for appellee.

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

RIVES, Circuit Judge.

The United States filed its libel under 26 U.S.C.A. § 7301(b) and (e) and § 73021 for the forfeiture of a tractor, trailer and 300 sacks of sugar. Utley Wholesale Company, a corporation, claimed the property and denied any cause of forfeiture. The issues were tried by the court without a jury, and resulted in a judgment of forfeiture. The only questions on appeal...

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