In re Loria

W.D. New York

In re Loria

25 F. Supp. 549, 1938 U.S. Dist. LEXIS 1693

DecidedOctober 26, 1938

StatusPublished

This text of 25 F. Supp. 549 (In re Loria) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Loria, 25 F. Supp. 549, 1938 U.S. Dist. LEXIS 1693 (W.D.N.Y. 1938).

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Opinion

BURKE, District Judge.

The statute (Title 26 U.S.C.A. § 1624) provides a method for determining validity of the seizure and detention of the vehicle in question. The procedure provided thereby is the proper remedy. In re Behrens, 2 Cir., 39 F.2d 561; U. S. v. Chicelli, D.C., 10 F.Supp. 900. When the stay granted herein is vacated, the Government authorities will be free to follow the procedure there indicated in order that persons claiming the property seized may compel forfeiture proceedings.

The stay should be vacated and the relief sought herein should be denied.

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BURKE, District Judge.

The statute (Title 26 U.S.C.A. § 1624) provides a method for determining validity of the seizure and detention of the vehicle in question. The procedure provided thereby is the proper remedy. In re Behrens, 2 Cir., 39 F.2d 561; U. S. v. Chicelli, D.C., 10 F.Supp. 900. When the stay granted herein is vacated, the Government authorities will be free to follow the procedure there indicated in order that persons claiming the property seized may compel forfeiture proceedings.

The stay should be vacated and the relief sought herein should be denied.

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Bluebook (online)

25 F. Supp. 549, 1938 U.S. Dist. LEXIS 1693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-loria-nywd-1938.

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