United States v. ONE 1968 FORD LTD 4 DOOR, SERIAL NO. 8G66Y185655, 28589 Summary Calendar.

• Decision Date: 24 April 1970
• Docket Number: No. 28589 Summary Calendar.,28589 Summary Calendar.
• Citation: 425 F.2d 1084
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. ONE 1968 FORD LTD 4 DOOR, SERIAL NO. 8G66Y185655, (Mrs. Inez Eakes, Claimant), Defendant-Appellant.
• Court: U.S. Court of Appeals — Fifth Circuit

425 F.2d 1084 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1968 FORD LTD 4 DOOR, SERIAL NO. 8G66Y185655, (Mrs. Inez Eakes, Claimant), Defendant-Appellant.

No. 28589 Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 24, 1970.

Billy R. Covington, Meridian, Miss., for appellant.

Robert E. Hauberg, U.S. Atty., Joseph E. Brown, Jr., Asst. U.S. Atty., Jackson, Miss., for appellee.

Before JOHN R. BROWN, Chief Judge, and MORGAN and INGRAHAM, Circuit Judges.

PER CURIAM:

Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5 Cir., 1969, 417 F.2d 526, Part I.

This is an automobile forfeiture case decided below by the District Court for the Southern District of Mississippi in favor of the Government. The sole question here on appeal is whether the District Court committed error when it granted the Government's motion for judgment n.o.v., forfeiting claimant's 1968 Ford LTD to the Government pursuant to the forfeiture provisions of the Internal Revenue Code, 26 U.S.C. § 7302.

The facts show that the automobile in question was owned by the claimant, Mrs. Inez Eakes, and that during the night of October 17, 1968, it was employed in the following activity (as observed by four government agents at different times and places during that night):

It was first seen by an agent around 11:50 p. m. at a residence which was under surveillance because of a known still being operated in that vicinity. Approximately two and one-half hours later, the same agent observed the Ford pulling out of the driveway of the residence followed immediately by a 1959 Oldsmobile, the latter of which had been loaded with jugs of illegal liquor. A few minutes later, the two automobiles passed another agent who had been alerted as to their passing and who was waiting beside the road. This agent proceeded to follow the two automobiles and, after a short time, observed the headlights of the Oldsmobile blink twice to the driver of the Ford in front of it. The agent then turned on his red light and siren. At that time, the driver of the Ford reached his arm out of the window and signaled the Oldsmobile to pass, which it did and proceeded at a high rate of speed. Then the Ford swerved back and forth across the road preventing the agent from passing it and catching the Oldsmobile. Eventually, the agent did pass the Ford and catch the Oldsmobile, apprehending its driver and confiscating the illegal liquor. Another agent later caught...