Legal Opinion

Clymore v. United States

Court of Appeals for the Fifth Circuit

Decided August 31, 2000No. 99-50860PublishedCited by 44 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Plaintiff-appellant Craig Clymore challenges the district court’s conclusion that his action to recover property that was administratively forfeited to the United States Customs Service is time-barred. We hold that in this case (1) the statute of limitations applicable in suits against the United States should have been equitably tolled and (2) the doctrine of laches is not applicable. Consequently, we reverse the judgment of the district court and remand to that court for a judicial forfeiture hearing.

I

FACTS AND PROCEEDINGS

Clymore was arrested in 1991 and pleaded guilty…

2Cases cited25 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
  3. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  4. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  5. United States v. BrockampSupreme Court of the United States · 1997

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3Cited by44 opinions

  1. United States v. Rodriguez-AguirreCourt of Appeals for the Tenth Circuit · 2001
  2. Walker v. EppsCourt of Appeals for the Fifth Circuit · 2008
  3. United States v. HealthSouth Corp.Court of Appeals for the Fifth Circuit · 2003
  4. Gary Jackson v. Thomas ModlyCourt of Appeals for the D.C. Circuit · 2020
  5. John Doe v. United StatesCourt of Appeals for the Fifth Circuit · 2017

39 more not listed; retrieve them via the Exa API.

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