Evelyn Castleberry and Virginia R. Castleberry v. Alcohol, Tobacco and Firearms Division of the Treasury Department of the United States
Court of Appeals for the Fifth Circuit
1Opinion of the Court
SIMPSON, Circuit Judge:
On April 24, 1975, Texas law enforcement officers in the course of their duties and pursuant to a search warrant discovered a “sawed off” shotgun in a 1975 Cadillac Fleetwood Sedan owned by Evelyn and Virginia Castleberry. 1 The state officers promptly notified the Alcohol, Tobacco, and Firearms Division of the Treasury Department. As the shotgun is alleged to be a destructive device 2 prohibited by Title 26 U.S.C. Section 5845(d) the car in which it was found was seized pursuant to Title 49 U.S.C. Sections 781, and 782. On May 15, 1975, the Castleberrys filed a civil…
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