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CLIFT v. UNITED STATES

No. 21541.

350 F.2d 308 (1965)

Chester C. CLIFT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 17, 1965.

Attorney(s) appearing for the Case

John S. Stephens, Coushatta, La., for appellant.

E. V. Boagni, Charles E. Welsh, Asst. U. S. Attys., Shreveport, La., Edward L. Shaheen, U. S. Atty., for appellee.

Before HUTCHESON, BROWN and FRIENDLY, Circuit Judges.

PER CURIAM.

The Government instituted this libel action, pursuant to the provisions of 26 U.S.C. § 7302, seeking the forfeiture of six hundred 100-pound bags of sugar on the grounds that it was intended for use in fraud of the internal revenue laws, namely in an illicit distillery. Appellant, from whom the sugar was seized, intervened, claiming that it was owned by him and was not subject to forfeiture. The sugar in question was sold at auction to prevent its...

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