Pullman Trust & Savings Bank v. United States

CAMPBELL, Chief Judge.

This cause is presently before me on the motion of the defendant, the United States of America, to dismiss the complaint for failure to state a claim upon which relief could be granted, or in lieu thereof for summary judgment. Title 49 §§ 781-788 deal with “Seizure and Forfeiture of Carriers Transporting, etc., Contraband Articles”. The automobile was forfeited to the United States pursuant to the authority of these sections.

Both parties agree as to the facts, which the government’s memorandum in support of its motion sets out as follows, and which I adopt as my findings…