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UNITED STATES v. LEUCI

Civ. No. 14118.

160 F.Supp. 715 (1958)

UNITED STATES of America, Plaintiff, v. Frank LEUCI, as Property Clerk of the Police Department of The City of New York, Defendant.

United States District Court E. D. New York.

April 9, 1958.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U.S. Atty., Eastern District of New York, Brooklyn, N. Y., Lawrence G. Nusbaum, Jr., Asst. U. S. Atty., Whitestone, N. Y., of counsel, for plaintiff.

Peter Campbell Brown, Corporation Counsel for City of New York, New York City, Nathan B. Silverstein, Asst. Corporation Counsel, New York City, for defendant.

BRUCHHAUSEN, District Judge.

The plaintiff brings this action against the defendant, as property clerk of the Police Department, to recover a sum of money, taken by a police officer from the possession of one, David Leigh. The plaintiff claims that the money was the property of Leigh and that it is entitled thereto by virtue of a tax lien against his property.

The principal defense is that this fund is gambling money and that gambling money does not belong...

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