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UNITED STATES v. ONE 1957 PLYMOUTH 4-DOOR SEDAN

No. C-117-58.

172 F.Supp. 802 (1959)

UNITED STATES of America, Plaintiff, v. ONE 1957 PLYMOUTH 4-DOOR SEDAN, Defendant.

United States District Court D. Utah, Central Division.

May 6, 1959.

Attorney(s) appearing for the Case

A. Pratt Kesler, U. S. Atty. for the District of Utah, Salt Lake City, Utah, for plaintiff.

Irwin Arnovitz, Salt Lake City, Utah, for claimant Ybarra.

C. E. Henderson, Salt Lake City, Utah, for Walker Bank & Trust Co.

CHRISTENSON, District Judge.

Claimant's motion for a new trial on the ground that the Court erroneously instructed the jury that transportation of untaxpaid liquor with intent to avoid payment of tax would subject the automobile to forfeiture under Title 26 U.S.C. § 7301, was taken under advisement by the Court and is hereby denied.

There have been various views expressed concerning the meaning of the word "removal" used in the forfeiture provisions of...

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