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UNITED STATES v. ONE 1958 PONTIAC COUPE

No. 13378.

298 F.2d 421 (1962)

UNITED STATES of America, Plaintiff-Appellant, v. ONE 1958 PONTIAC COUPE, Serial No. P-858H2925, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 30, 1962.

Attorney(s) appearing for the Case

Edward R. Phelps, U. S. Atty., Marks Alexander, Asst. U. S. Atty., Springfield, Ill., John M. Daugherty, Asst. U. S. Atty., Peoria, Ill., for appellant.

James A. Cummings, Thomas Trager, Peoria, Ill., for appellee.

Before DUFFY, KNOCH and KILEY, Circuit Judges.

DUFFY, Circuit Judge.

This is a libel action by the United States of America based upon sec. 7302, Title 26 U.S.C., for the forfeiture of an automobile. This appeal is from an order dismissing the complaint (libel) and directing that possession of the automobile be delivered to Marie A. Juerjens whom the Court found to be the owner thereof.

The libel charged that the automobile was intended for use in violating the provisions of the Internal Revenue Act and...

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