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Johnson v. Yellow Cab Transit Co., 321 U.S. 383 (1944)

Johnson v. Yellow Cab Transit Co.

No. 447

Argued January 6, 7, 1944

Decided March 13, 1944

321 U.S. 383


Intoxicating liquors in transit from a consignor in Illinois to a consignee at Fort Sill Military Reservation were seized in Oklahoma by state officers. The carrier instituted a proceeding in the federal district court for the return of the liquors and to restrain further interference with their transportation to destination.


1. The transportation of the liquors through Oklahoma violated no law of that State, and the seizure was illegal. P. 321 U. S. 386.

2. Upon the facts, the purchase and delivery of the liquors were not in violation of 10 U.S.C. § 1350. P. 321 U. S. 388.

3. Applicability of the federal assimilative crimes statute is not decided. P. 321 U. S. 390.

4. Upon the record, the carrier, which had acted in good faith, was not barred by the "clean hands" doctrine, and was entitled in this proceeding to the relief sought. Pp. 321 U. S. 387, 321 U. S. 392.

137 F.2d 274 affirmed.

Page 321 U. S. 384

Certiorari, 320 U.S. 731, to review the affirmance of a decree of injunction, 48 F.Supp. 594.

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