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McCARTHY v. HEINRICH

Court No. 87-03-00553.

674 F.Supp. 863 (1987)

Andrew R. McCARTHY d/b/a Long Beach Classic Imports, Plaintiff, v. John H. HEINRICH, District Director of Customs, Los Angeles, and the United States of America, Defendants.

United States Court of International Trade.

November 2, 1987.

Attorney(s) appearing for the Case

Stein Shostak Shostak & O'Hara, Joseph P. Cox, Los Angeles, Cal., for plaintiff.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div. Dept. of Justice (Platte B. Moring, III), Washington, D.C. for defendants.

DiCARLO, Judge:

Plaintiff challenges the seizure and summary forfeiture of certain motor vehicles by the United States Customs Service (Customs). Defendants move pursuant to Rule 56 of the rules of this Court for summary judgment and ask the Court to dismiss plaintiff's action for lack of jurisdiction. The Court finds that it does not have jurisdiction and dismisses the action.

Customs seized 10 of the 24 motor vehicles at issue in November, 1984 pursuant...

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