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UNITED STATES v. ONE 1967 CADILLAC COUPE ELDORADO

No. 22965.

415 F.2d 647 (1969)

UNITED STATES of America, Appellant, v. ONE 1967 CADILLAC COUPE ELDORADO, Motor No. H7185812, License No. TVG 691, its tools and appurtenances, Appellee.

United States Court of Appeals Ninth Circuit.

August 19, 1969.

Attorney(s) appearing for the Case

Larry L. Dier (appeared), Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Crim. Div., Los Angeles, Cal., for appellant.

Michael Gless (appeared), Howard D. Hanson, of Swanwick, Donnelly & Proudfit, Los Angeles, Cal., for appellee.

Before BARNES and CARTER, Circuit Judges, and KILKENNY, District Judge.

BARNES, Circuit Judge:

The Government appeals in a forfeiture action brought under 49 U.S.C. § 782.1 Our jurisdiction rests on 28 U. S.C. § 1291. We reverse the district court's denial of forfeiture; and find the claimant's innocence to be an irrelevant consideration, and the claimant's theory of illegal possession by the owner of record to be untenable.

The claimant-owner of...

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