UNITED STATES OF AMERICA, APPELLANT,
v.
ONE DE SOTO SEDAN, 1946 MODEL, ETC., ROBERT LEE SMITH, JR., APPELLEES
UNITED STATES OF AMERICA, APPELLANT,
ONE DE SOTO SEDAN, 1946 MODEL, ETC., ROBERT LEE SMITH, JR., APPELLEES
180 F.2d 583
United States Court of Appeals for the Fourth Circuit (1950)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
This case cannot be distinguished from Coffey v. United States, 116 U.S. 436, 6 S.Ct. 437, 29 L.Ed. 684; and the judgment below will be affirmed on the authority of that decision. 85 F.Supp. 245. It is argued that subsequent decisions of the Supreme Court have weakened the authority of the Coffey case; but that case has never been overruled. On the contrary, in one of the cases chiefly relied upon by the United States, the Supreme Court was at pains to distinguish it. See Helvering v. Mitchell, 303 U.S. 391, 58 S.Ct. 630, 82 L.Ed. 917.
Affirmed.
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United States v. Howell F. Burch, 294 F.2d 1 (5th Cir. 1961)
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Snead v. United States, 217 F.2d 912 (4th Cir. 1954)
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United States v. Gramer, 191 F.2d 741 (9th Cir. 1951)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Helvering v. Mitchell, 303 U.S. 391 (U.S. 1938)
- Coffey v. United States, 116 U.S. 436 (U.S. 1886)