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UNITED STATES v. ONE 1961 RED CHEVROLET IMPALA SEDAN

Nos. 71-2241, 71-2242.

457 F.2d 1353 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1961 RED CHEVROLET IMPALA SEDAN, SERIAL NO. 11837A177369, and Other Enumerated Personal Property, Defendant, Dan B. Fussell, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. TWO AUTOMOBILES & OTHER PERSONAL PROPERTY, Defendant, Dan B. Fussell, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Amended April 20, 1972.

Attorney(s) appearing for the Case

Edward R. Kirkland, Orlando, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Orlando, Fla., Alan C. Todd, Asst. U. S. Atty., Robert E. Lindsay, Atty., Criminal Div., Appellate Section, U. S. Department of Justice, Washington, D. C., for plaintiff-appellee.

Before MORGAN and CLARK, Circuit Judges, and RUBIN, District Judge.

CLARK, Circuit Judge:

This case involves the questions of whether appellant is entitled to the return of property forfeited to the United States pursuant to libels of information filed by the government on January 25, and February 15, 1962, and, if he is so entitled, the legal form in which such return must be sought. The forfeiture involved was entered on December 30, 1963, under Section 7302 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 7302, on grounds...

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