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BOHN v. UNITED STATES

No. 71-1679.

467 F.2d 1278 (1972)

David BOHN, Appellee, v. UNITED STATES of America et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 4, 1972.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Terry Bray, Meyer Rothwacks, Crombie J. D. Garrett, William S. Estabrook, III, Attys., Tax Division, Department of Justice, Washington, D. C., for appellants; Robert G. Renner, U. S. Atty., Thorwald H. Anderson, Jr., Asst. U. S. Atty., of counsel.

Keith D. Kennedy, St. Louis Park, Minn., for appellee.

Before VAN OOSTERHOUT and MURRAH, Senior Circuit Judges, and HEANEY, Circuit Judge.

MURRAH, Senior Circuit Judge.

Appellee Bohn was arrested by F.B.I. agents in a Minnesota parking lot and charged with conducting a gambling business in violation of 18 U.S.C. § 1955. The arresting agents seized his automobile and over $2,000 in cash. Bohn brought this action in District Court seeking a declaratory judgment that the seizure was illegal, and asking the court to order return of the seized property.

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