Goldman v. American Dealers Service, Inc.

FRANK, Circuit Judge.

There is no statutory provision for the institution of forfeiture proceedings with respect to documents seized under 39 U.S. C.A. § 498. Accordingly, we construe the order of the district court as requiring the return of the seized check unless proceedings were promptly brought for violation of 18 U.S.C.A. § 304.

Were it not for 39 U.S.C.A. § 499 and 28 U.S.C.A. § 747,2 appellee could have brought a replevin action against appellants in which appellants would have been defeated unless they had justified by showing that the articles had been lawfully taken. But 39 U.S.C.A.…