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UNITED STATES v. ONE 1935 DODGE RACK-BODY TRUCK, ETC.

No. 233.

88 F.2d 613 (1937)

UNITED STATES v. ONE 1935 DODGE RACK-BODY TRUCK, MOTOR NO. T — 13 — 6444; LICENSE 138 — 957. Appeal of COMMERCIAL CREDIT CORPORATION.

Circuit Court of Appeals, Second Circuit.

March 8, 1937.

Attorney(s) appearing for the Case

Dills, Muecke & Schelker, of New York City (Berthold Muecke, Jr., and M. G. Golden, both of New York City, of counsel), for appellant.

Ralph L. Emmons, U. S. Atty., and B. Fitch Tompkins, Asst. U. S. Atty., both of Syracuse, N. Y.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

On December 17, 1935, government internal revenue agents seized a Dodge truck which was being illegally used inviolation of the internal revenue laws relating to liquors. A libel for its forfeiture under section 3450, Rev.St. (26 U. S.C.A. §§ 1156, 1441), was filed. The appellant, a claimant having an interest in the truck under a conditional sales contract of which it is the assignee, answered...

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