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U.S. v. RED FRAME PARASAIL

No. CIV 00-1567 PHX RCB.

160 F.Supp.2d 1048 (2001)

The UNITED STATES of America, Plaintiff, v. RED FRAME PARASAIL, Buckeye Model Eagle 503 (serial number 4159); White metal frame parasail (serial number 4462); White Toyota Tacoma pickup truck (VIN # 4TAWN72NXWZ151263), Defendants.

United States District Court, D. Arizona.

July 24, 2001.

Attorney(s) appearing for the Case

Lisa J. Roberts, U.S. Attorney's Office, Phoenix, AZ, for United States.

Wallace J. Baker, Jr., Thomas McMurray Baker, Baker & Baker, Phoenix, AZ, for Steven Stayner.

ORDER

BROOMFIELD, Senior District Judge.

On August 15, 2000, the United States initiated forfeiture proceedings under 16 U.S.C. § 742j-1(e). The statute authorizes forfeiture of items used in violation of the Airborne Hunting Act ("AHA"), 17 U.S.C. § 742j-1.

Currently pending before the court are two motions to dismiss submitted by Claimant Steven Stayner.1 Stayner questions whether his conduct falls under the...

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