Legal Opinion

United States v. One (1) 1944 Steel Hull Freighter Converted Wartime Landing Craft Utility Vessel (LCU) Shamrock

Court of Appeals for the Eleventh Circuit

Decided February 11, 1983No. 82-5125PublishedCited by 1 opinion

1Opinion of the Court

CLARK, Circuit Judge:

After finding 3,168 pounds of marijuana sealed in drums aboard the M/V Shamrock on June 2,1978, the Customs Service seized the vessel on July 20, 1978. Following the seizure, the government sought forfeiture under 49 U.S.C. sec. 782, 21 U.S.C. sec. 881, and 19 U.S.C. sec. 1594. The sworn statements of the Shamrock’s captain and first mate were in apparent contradiction as to the matter of the captain’s knowledge of the presence of the marijuana. On October 21, 1981, the district court granted the government’s motion for summary judgment.

In a trial of this case, a court…

2Cases cited5 opinions

  1. Walter Sheridan and Richard Townley v. Jim Garrison, Individually and as a District Attorney for the Parish of Orleans, Etc.Court of Appeals for the Fifth Circuit · 1969
  2. Benton-Volvo-Metairie, Inc., and Benton Auto Works International, Inc., D/B/A Benton-Volvo-New Orleans v. Volvo Southwest, Inc.Court of Appeals for the Fifth Circuit · 1973
  3. Irvin Lee 'Jack' Dawkins v. William Green, City Manager of the City of Gainesville, FloridaCourt of Appeals for the Fifth Circuit · 1969
  4. United States v. One (1) Liberian Refrigerator VesselDistrict Court, M.D. Florida · 1977
  5. Dorothy Reed v. Rheem Manufacturing Company and Employers Mutual Liability Insurance Company of WisconsinCourt of Appeals for the Fifth Circuit · 1966

3Cited by1 opinion

  1. United States v. One (1) 1944 Steel Hull Freighter Converted Wartime Landing Craft Utility Vessel (Lcu) Shamrock, Approximately 112 Feet in Length, Together With Its Tackle, Apparel, Harness and Equipment v. Kemur International, Inc., Claimant/counterclaimCourt of Appeals for the Eleventh Circuit · 1983

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