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UNITED STATES v. ONE 1965 CADILLAC 2-DOOR COUPE

Civ. A. No. 65-1083.

260 F.Supp. 761 (1966)

UNITED STATES of America, Libelant, v. ONE 1965 CADILLAC 2-DOOR COUPE, Serial No. G51-11096, Respondent.

United States District Court W. D. Pennsylvania.

December 1, 1966.

Attorney(s) appearing for the Case

Gustave Diamond, U. S. Atty., by Vincent A. Coliani, Asst. U. S. Atty., Pittsburgh, Pa., for the United States.

Alfred V. Papa, New Castle, Pa., for owners of Cadillac, John L. Draper and Mary Lou Draper.

Thomas V. Mansell, Mansell & McKee, New Castle, Pa., for first Nat. Bank of Lawrence County, New Castle, Pa.

OPINION

DUMBAULD, District Judge.

At 10:00 P.M. on May 1, 1965, at a tavern in Lawrence County, one Frank Draper got into a fight with one Pete Shusman. Draper was ejected, and apparently could not get his jeep started and went home on foot. Later he returned in his Cadillic, the subject of the instant condemnation proceedings.

When Draper got out of his car he was struck three blows on the head by an assailant whom he did not see but thought to...

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