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UNITED STATES v. NATIONAL CAPITAL STORAGE AND MOVING CO.

Civ. No. 16510.

265 F.Supp. 50 (1967)

UNITED STATES of America v. NATIONAL CAPITAL STORAGE AND MOVING COMPANY, Inc., James B. Guinan, President of National Capital Storage and Moving Company, Inc., and Elliott P. Y. Powell, Marshall P. Powell, Shirley T. Powell, Barbara S. Powell, doing business as a partnership in the name of Powell & Powell.

United States District Court D. Maryland.

March 16, 1967.

Attorney(s) appearing for the Case

Thomas J. Kenney, U. S. Atty., and Arthur G. Murphy, Asst. U. S. Atty., Baltimore, Md., and Fred William Drogula and Leslie A. Nicholson, Attys., Dept. of Justice, Washington, D. C. (Barefoot Sanders, Asst. Atty. Gen., and Harland F. Leathers, Atty., Dept. of Justice, Washington, D. C., on brief), for plaintiff.

Arthur V. Butler and Butler & Gorman, Washington, D. C., for National Capital Storage & Moving Co. and James B. Guinan, defendants.

Roger D. Redden and Smith, Somerville & Case, Baltimore, Md., for Powell & Powell, defendant.

THOMSEN, Chief Judge.

The United States brought this action on its own behalf and on behalf of certain members of the Armed Forces, to have a distraint sale declared ineffective and unlawful insofar as it included household goods and personal effects of military personnel stored by the United States pursuant to 37 U.S.C.A. § 406(d) and regulations issued thereunder.1 Most of the personnel whose goods are involved in this case were...

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