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UNITED STATES v. ONE 1962 CADILLAC

No. 16883.

397 F.2d 796 (1968)

UNITED STATES of America v. ONE 1962 CADILLAC, Four Door Sedan Automobile, Motor No. 62B 025470 Frank J. Daniello, Claimant, Appellant.

United States Court of Appeals Third Circuit.

Decided July 9, 1968.

Attorney(s) appearing for the Case

Frederic C. Ritger, Jr., Van Riper & Belmont, Newark, N. J., for appellant.

Elliot Scher, Asst. U. S. Atty., Newark, N. J., (David M. Satz, Jr., U. S. Atty., Newark, N. J., on the brief), for appellee.

Before McLAUGHLIN, STALEY and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

We are here concerned with the seizure of an automobile by the United States viz., the Internal Revenue Service under 26 U.S.C. § 7302 which is titled "Property used in violation of internal revenue laws." On behalf of Frank Daniello, the owner of the car and the appellant, it is argued that the evidence which was obtained from the automobile was taken unlawfully and should be suppressed.

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