Ted's Motors v. United States
Decision Date | 29 December 1954 |
Docket Number | No. 15150.,15150. |
Citation | 217 F.2d 777 |
Parties | TED'S MOTORS, Inc., a corporation, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
Merle L. Silverstein, University City, Mo. (Rosenblum & Goldenhersh, St. Louis, Mo., on the brief), for appellant.
Robert E. Brauer, Asst. U. S. Atty., St. Louis, Mo. (Harry Richards, U. S. Atty., St. Louis, Mo., on the brief), for appellee.
Before SANBORN, WOODROUGH and VAN OOSTERHOUT, Circuit Judges.
This is an appeal from a judgment in favor of the United States in an action brought against One 1952 DeSoto Club Coupe, Motor No. S-17-41885, to obtain its forfeiture. Ted's Motors, Inc., intervened as claimant and respondent.
The appeal comes here upon an agreed statement which, so far as material, reads as follows:
The appellant concedes that if the oral statements of Buckner and Pleasant, admitted in evidence over objection, were competent and sufficient to show probable cause for the seizure of the automobile and the bringing of the instant action for its forfeiture, the judgment must be affirmed, since, if probable cause was shown by the Government, the burden of absolving the vehicle from culpability was on the appellant, and the burden was not sustained. Section 1615, Title 19 U.S.C.A.; W. E. Dean & Co. v. United States, 5 Cir., 171 F.2d 468; United States v. One 1949 Pontiac Sedan, 7 Cir., 194 F.2d 756, 758-759, certiorari denied 343 U.S. 966, 72 S.Ct. 1061, 96 L.Ed. 1363.
The appellant contends that the extrajudicial statements and admissions of Buckner and...
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