Legal Opinion

United States v. One Airplane

District Court, S.D. California

Decided December 23, 1927No. 2697-MPublishedCited by 1 opinion

1Opinion of the Court

McCORMICK, District Judge.

In my opinion under the evidence in this matter, which is a libel brought by the government for 'the purpose of forfeiting an airplane under the provisions of the Acts of May 22, 1918 (22 USCA §§ 223-226), and March 2, 1921 (22 USCA § 227), the proceeding must be dismissed.

It would appear that all 'penal provisions, which include those concerning forfeiture of vehicles in the War-Time Passport Act of May 22, 1918, have not been continued in force by the Act of March 2,1921. Flora v. Rustad, 8 F.(2d) 335 (8th C. C. A.). See, also, U. S. v. Phelps (D. C.) 14 F.(2d)…

2Cases cited6 opinions

  1. Johnson v. Keating Ex Rel. TarantinoCourt of Appeals for the First Circuit · 1926
  2. McFarland v. United StatesCourt of Appeals for the Sixth Circuit · 1927
  3. Flora v. RustadCourt of Appeals for the Eighth Circuit · 1925
  4. United States ex rel. Johanson v. PhelpsDistrict Court, D. Vermont · 1926
  5. Takeyo Koyama v. BurnettCourt of Appeals for the Ninth Circuit · 1925

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. United States v. ObermeierCourt of Appeals for the Second Circuit · 1951

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