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U.S. v. ONE ETCHED IVORY TUSK OF AFRICAN ELEPHANT

No. 10-CV-308 (NGG)(SMG).

871 F.Supp.2d 128 (2012)

UNITED STATES of America, Plaintiff, v. ONE ETCHED IVORY TUSK OF AFRICAN ELEPHANT (Loxodonta Africana), Defendant, and Graham Kent Fuller, Claimant.

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

May 17, 2012.

Attorney(s) appearing for the Case

Brian D. Morris, Nancy A. Miller, United States Attorneys Office, Brooklyn, NY, Charles Peter Kelly, United States Attorneys Office, Central Islip, NY, for Plaintiff.

David Amir Kochman, Reed Smith Llp, New York, NY, John B. Jackson, Metairie, LA, for Claimant.

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

The United States brings this in rem action against one etched ivory tusk of African elephant (Loxodonta Africana) ("Defendant Tusk" or "the Tusk"), seeking its forfeiture and condemnation (Compl. (Docket Entry # 1) at 11.) Graham Kent Fuller ("Claimant") has put forward a claim for the Tusk, alleging that he is its owner. (Cl. (Docket Entry # 4) at 1.) Claimant has moved to dismiss the Complaint...

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