United States v. One 1950 Ford Half-Ton Pickup Automobile Truck, Motor No. 9-8rc-289459

MARTIN, Circuit Judge.

The government has appealed from the dismissal by the District Court of a libel filed against a 1950 Ford half-ton pickup truck for forfeiture, because of violation by the owner of the motor vehicle of section 3116 of Title 26, U.S.C.A. The District Court, after receiving evidence, filed its findings of fact and conclusions of law on the same date that it entered an order dismissing the libel and directing that the seized automobile be restored to possession of the respondent, Archie E. Davis.

As found by the District Court, the respondent, Davis, was apprehended on July…