U.S. Court of Appeals for the Sixth Circuit, 1953

McDonough v. United States

U.S. Court of Appeals for the Sixth Circuit · Decided February 11, 1953 · Simons, Martin, McAllister

202 F.2d 424; 1953 U.S. App. LEXIS 3248 (Federal Reporter, Second Series)

Counsel

Charles E. Lester, Jr., Newport, Ky., Marion W. Moore and Stanley Chrisman, Covington, Ky., for appellants., Claude P. Stephens and Kit C. Elswick, Lexington, Ky., for appellee.

Cases that cite this one

1 later published case cites this decision.

United States v. One 1969 Plymouth Two-Door Hardtop, Identification No. RP 23F9G158234 (United States District Court for the Middle District of Alabama 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The. above cause coming on to be heard on the transcript of the record, the briefs of the parties, and the argument of counsel in open court, and it appearing that the district court found that the property in question, which was seized by the agents of the United States, was not contraband, and that, in accordance with 28 U.S.C.A. § 2465, it should be returned forthwith to the respective owners; and it further appearing that the district court ordered the United States Marshal to return forthwith the said property to the respective owners by releasing it at its present location, which *425 is approximately 100 miles from the places where it was seized, and the court being duly advised,

Now, therefore, it is ordered, adjudged, and decreed that the judgment of the district court be amended to provide that the United States Marshal return the property in question to the respective owners at the places where it was seized; and that the cause be remanded to the district court for entry of such amended judgment.

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