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UNITED STATES v. THREE WINCHESTER 30-30 CAL. L. ACT. CARB.

No. 73-2088.

504 F.2d 1288 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. THREE WINCHESTER 30-30 CALIBER LEVER ACTION CARBINES, etc., Defendant-Appellant, and Edgar Allen Tucker, Intervening Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 1974.

Attorney(s) appearing for the Case

Raymond H. Thoenig, Wisconsin Indian Legal Services, Madison, Wis., for defendant-appellant.

William J. Mulligan, U. S. Atty. and John A. Nelson, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before SPRECHER and TONE, Circuit Judges, and PERRY, Senior District Judge.

SPRECHER, Circuit Judge.

The United States brought this action in accordance with 26 U.S.C. § 74011 seeking to have three Winchester rifles condemned and forfeited pursuant to the provisions of 18 U.S.C. § 924(d).2 As a basis for this forfeiture action the government relies on a violation of 18 U.S.C. App. § 1202(a)(1), which makes it illegal for a convicted felon to possess any firearm.

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