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UNITED STATES v. PORTER

No. 79-30153.

513 F.Supp. 245 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. William K. PORTER, Defendant-Appellant.

United States District Court, M. D. Tennessee, Nashville Division.

April 29, 1981.

Attorney(s) appearing for the Case

Mary Reed, Sp. Asst. U. S. Atty. and William Cohen, Asst. U. S. Atty., Nashville, Tenn., for plaintiff-appellee.

Robert Tucker, Asst. Federal Public Defender, Nashville, Tenn., for defendant-appellant.

MEMORANDUM

WISEMAN, District Judge.

This is an appeal from a Magistrate's judgment assessing a $150 fine against defendant for violating 36 C.F.R. § 327.11(b) (1979), which prohibits pet owners from bringing unleashed animals into developed recreation areas. The case requires the Court to decide whether the Collateral Forfeiture Rule adopted in this district for the disposition of certain minor offenses operates unconstitutionally. The Court holds that...

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