United States v. Various Gambling Devices

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

The claimant, A. B. Fort, has filed a motion to dismiss the In Rem Complaints For Forfeiture filed in the above captioned and numbered actions which have been heretofore consolidated by the court for trial.

Plaintiff seeks an order for forfeiture and condemnation of defendant pinball machines. 1

Claimant seeks to recover the machines and asserts that the machines are not subject to forfeiture or condemnation. The motion to dismiss is bottomed on the contention that the statutes upon which plaintiff relies are unconstitutional and unenforceable…