Legal Opinion
United States v. One (1) Douglas A-26B Aircraft
Court of Appeals for the Eleventh Circuit
Decided November 9, 1981No. 81-7324PublishedCited by 34 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
Claimant Rebel Aviation, Inc. has appealed the order of the district court denying its motions for writ of assistance under Rule 70 of the Federal Rules of Civil Procedure and for modification of judgment under Rule 60(b). We agree with the district court that Rule 70 is an inappropriate basis for relief of the type sought by appellant. We further conclude that although appellant could have sought relief via a counterclaim asserted in the original forfeiture action and although an avenue still remains open by way of an independent suit, the relief it seeks is outside…
2Cases cited21 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- United States v. SherwoodSupreme Court of the United States · 1941
- Minnesota v. United StatesSupreme Court of the United States · 1939
- United States v. Wong Kim Bo, A/K/A Yee Kuk Ho, Etc.Court of Appeals for the Fifth Circuit · 1972
- Honda v. ClarkSupreme Court of the United States · 1967
16 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Kosak v. United StatesSupreme Court of the United States · 1984
- Delay v. GordonCourt of Appeals for the Ninth Circuit · 2007
- In Re Staff Investment Co.United States Bankruptcy Court, E.D. California · 1993
- Isidor Paiewonsky Associates, Inc. v. Sharp Properties, Inc.Court of Appeals for the Third Circuit · 1993
- George M. Stringer v. United States of America, and Ira G. Chambless, Internal Revenue Agent, Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1985
29 more not listed; retrieve them via the Exa API.