United States v. McArthur

HOLMES, Circuit Judge.

The question for decision in this case is closely akin to that involved in the case of United States v. Federal Credit Company, 5 Cir., 117 F.2d 341, decided this day. We must determine whether, under the facts of the case, the claimant sufficiently complied with the conditions precedent imposed by Section 40a (b) (3) of Title 27, U. S. Code Annotated, so as to authorize the district court, in the exercise of its discretion, to remit or mitigate the forfeiture of an automobile found in use in violation of the laws relating to liquor. The Government is appealing from a…