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UNITED STATES v. MILLER

No. 73-2405.

500 F.2d 751 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Mitchell MILLER, Susan McDuffie Weeks, and John Henry McDuffie, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 11, 1974.

Attorney(s) appearing for the Case

D. L. Rampey, Jr., Warner Robins, Ga., for Miller.

W. W. Larsen, Jr., Dublin, Ga., for Weeks and McDuffie.

William J. Schloth, U. S. Atty., Ronald T. Knight, O. Hale Almand, Asst. U. S. Attys., Macon, Ga., for plaintiff-appellee.

Before GEWIN, GOLDBERG and CLARK, Circuit Judges.

GOLDBERG, Circuit Judge:

On January 9, 1973, a fire broke out at the Southeastern Metal Company warehouse in Kathleen, Georgia. When officials of the Houston County Sheriff's Department and volunteer fire department arrived to fight the blaze, they discovered in the building a 7500 gallon-capacity distillery, some 175 gallons of non-tax-paid whiskey, and related paraphernalia. With this discovery the lush dreams of bourbon living that the still owners must have harbored...

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