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IN RE LORIA

25 F.Supp. 549 (1938)

In re LORIA.

District Court, W. D. New York.

October 26, 1938.

Attorney(s) appearing for the Case

Hugh J. O'Brien, of Rochester, N. Y., for petitioner.

George L. Grobe, U. S. Atty., of Buffalo, N. Y., (Goodman A. Sarachan, Asst. U. S. Atty., of Rochester, N. Y., of counsel), for respondent, Martin A. Hanson, Investigator in charge of Alcohol Tax Unit, Bureau of Internal Revenue.

BURKE, District Judge.

The statute (Title 26 U.S.C.A. § 1624) provides a method for determining validity of the seizure and detention of the vehicle in question. The procedure provided thereby is the proper remedy. In re Behrens, 2 Cir., 39 F.2d 561; U. S. v. Chicelli, D.C., 10 F.Supp. 900. When the stay granted herein is vacated, the Government authorities will be free to follow the procedure...

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