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D'AGOSTINO v. UNITED STATES

No. 15722.

261 F.2d 154 (1958)

Joseph D'AGOSTINO, Claimant, of One 1957 Lincoln Premiere Two-Door Hardtop Coupe, Motor No. 57WA5592L, its tools and appurtenances, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 13, 1958.

Attorney(s) appearing for the Case

Morris Lavine, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Richard A. Lavine, Burton C. Jacobson, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES and HAMLEY, Circuit Judges.

BARNES, Circuit Judge.

A libel was filed in the district court alleging the seizure of claimant's 1957 Lincoln automobile on February 28, 1957, from Joseph D'Agostino, because said automobile "had been used by said Joseph D'Agostino in receiving wagers without filing an application for a wagering permit, and without payment of wagering occupational tax, with intent to defraud the United States of the said taxes," in violation of Int. Rev. Code of 1954, §§...

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