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LOPES v. U.S.

No. 93 Civ. 2181.

862 F.Supp. 1178 (1994)

Geraldo Wagner Vasconcelos LOPES, Jaime Martins Calais, Sebastiao Marcena, Idelfonso Marques Do Amaral, Marcelo Antonio Dos Santos Ferriera, Jorge Dorea Viana, Helcio De Souza Figuieredo, Luiz Eduardo Amaral, Newton Jose Leite and Juan Carlos Matos, Plaintiffs, v. UNITED STATES of America, Department of the Treasury and Internal Revenue Service, Defendants.

United States District Court, S.D. New York.

September 28, 1994.

Attorney(s) appearing for the Case

Bruce L. Stein, Aufrichtig, Stein & Aufrichtig, P.C., New York City, for plaintiffs.

Edward Scarvalone, Asst. U.S. Atty., S.D.N.Y., U.S. Dept. of Justice, New York City, for defendants.

OPINION AND ORDER

SCHWARTZ, District Judge:

Plaintiffs bring this action against defendants United States of America, the Department of the Treasury and the Internal Revenue Service (collectively, "the Government") for the return of their 1992 Mercedes-Benz model 500 SEL automobile (the "Mercedes") (or its cash equivalent), which was seized pursuant to a warrant in connection with a civil forfeiture.

The Government moves pursuant to Rules...

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