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UNITED STATES v. ONE 6.5 MM. MANNLICHER-CARCANO MIL. RIFLE

No. 26620.

406 F.2d 1170 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 6.5 MM. MANNLICHER-CARCANO MILITARY RIFLE, Model 91-38, Serial No. C2766, with appurtenances, and One .38 Special S&W Victory Model Revolver, Serial No. V510210, with appurtenances, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

January 23, 1969.

Attorney(s) appearing for the Case

Charles F. Hawkins, William C. Garrett, Eugene R. Lyerly, Kilgore & Kilgore, Dallas, Tex., for defendant-appellant.

Melvin Diggs, Eldon B. Mahon, U. S. Attys., Edwin L. Weisl, Jr., Asst. Atty. Gen., Dallas, Tex., Morton Hollander, Irwin Goldbloom, John C. Eldridge, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

THORNBERRY, Circuit Judge:

This action was commenced by the United States on September 10, 1965, by the filing of a libel of information against two weapons which had previously been owned by Lee Harvey Oswald. The Government alleged that the weapons had been forfeited to the United States by virtue of violations of the Federal Firearms Act. Appellant, on October 8, 1965, intervened by filing a "claim of owner" and sought...

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