UNITED STATES v. VARIOUS GAMBLING DEVICES

No. 72-2359.

478 F.2d 1194 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. VARIOUS GAMBLING DEVICES, Defendants, A. B. Fort, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 12, 1973.


Attorney(s) appearing for the Case

Hunter M. Gholson, Ralph E. Rood, Columbus, Miss., for claimant-appellant.

H. M. Ray, U. S. Atty., Alfred E. Moreton, III, Asst. U. S. Atty., Oxford, Miss., Michael Carnes, Dept. of Justice, Paul G. Kratzig, New Orleans Organized Crime Strike Force, U. S. Dept. of Justice, New Orleans, La., for plaintiff-appellee.

Before GEWIN, SIMPSON and RONEY, Circuit Judges.


RONEY, Circuit Judge:

Claimant A. B. Fort appeals from a judgment forfeiting to the Government thirty-one pinball machines as gambling devices possessed by claimant in 1970 and 1971, when he was not registered under the Gambling Devices Act of 1962. 15 U.S.C.A. §§ 1171-1178.

Claimant's specifications of error present three issues for review: (1) Was the forfeiture of the machines consistent with the Due Process guarantee of the Fifth Amendment to...

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