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U. S. v. ONE (1) LIBERIAN REFRIGERATOR VESSEL

Nos. 76-586 Civ. T-K and 77-178 Civ. T-K.

447 F.Supp. 1053 (1977)

UNITED STATES of America, Plaintiff, v. ONE (1) LIBERIAN REFRIGERATOR VESSEL, M/V EA, Official No. 3524, approximately 100.41 meters in length, Defendant. BANQUE FRANCAISE DU COMMERCE EXTERIEUR, Intervening Plaintiff, v. M/V EA, its engines, tackle, apparel, appurtenances, etc., in rem, and Ea Shipping Company, Inc., her owners, in personam, Defendants. EA SHIPPING COMPANY, INC., Plaintiff, v. Albert F. BAZEMORE, Regional Commissioner of Customs, Edward Ellis, District Director of Customs, David Greenleaf, Acting District Director of Customs, Commander B. R. Sheaffer, United States Coast Guard Commanding Officer, Tampa, and ALL OTHER U. S. Officials and Employees who Seized and took Possession of the M/V EA on or about June 19, 1976, and thereafter whose names are unknown, Defendants.

United States District Court, M. D. Florida, Tampa Division.

December 14, 1977.

Attorney(s) appearing for the Case

Anthony J. LaSpada, Asst. U. S. Atty., Tampa, Fla., Richard S. Friedland, Asst. Regional Counsel, U.S. Customs, Miami, Fla., for plaintiff.

Richard W. Hulbert and Mark A. Walker, Cleary, Gottlieb, Steen & Hamilton, New York City, and Jack C. Rinard, Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for Banque Francaise.

Dewey R. Villareal, Jr., Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, Fla., Edwin Longcope, Hill, Betts & Nash, New York City, for Ea Shipping Co., Inc.

Martin H. Sachs, Atty., Dept. of Justice, Washington, D.C., for third party defendant.

MEMORANDUM OF DECISION INCLUDING FINDINGS AND CONCLUSIONS

KRENTZMAN, District Judge.

In No. 76-586 Civil, the libelant, United States of America, seeks the forfeiture of the Motor Vessel Ea pursuant to 49 U.S.C. § 781, 21 U.S.C. § 881, and 19 U.S.C. § 1594, libelant contends that the M/V Ea was used to facilitate or aid in the importation of cocaine, a controlled substance, into the United States. Jurisdiction is founded on both 28 U.S.C....

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