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UNITED STATES v. ONE OLIVETTI-UNDERWOOD ELECTRIC ADDING MACHINE

No. 26987 Summary Calendar.

443 F.2d 372 (1971)

UNITED STATES of America, Libelant-Appellee, v. ONE OLIVETTI-UNDERWOOD ELECTRIC ADDING MACHINE, etc., et al., Claimants, and $227.00 seized from the person of John C. Prevatt, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 4, 1971.

Attorney(s) appearing for the Case

Arnold D. Levine, Michael J. Freedman, Levine & Freedman, Tampa, Fla., for claimant-appellant.

Edward F. Boardman, U. S. Atty., Robert B. McGowan, Asst. U. S. Atty., Tampa, Fla., for libelant-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

This is an appeal from a decree forfeiting to the United States certain property and money belonging to John C. Prevatt and seized during a search predicated upon an affidavit that the property and money were being used in violation of 26 U.S.C.A. §§ 4411, 4412, 4901(a) and 7203. We reverse.

In the criminal proceedings, Prevatt asserted the fifth amendment privilege. On the authority of Marchetti v. United States, 1968,

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