Legal Opinion

United States v. $277,000 U.S. Currency, and One 1986 Dodge Ram Charger, Jalisco, Mexico, Lic. Hwy 773, and Ramon S. Montes, Claimant-Appellee

Court of Appeals for the Ninth Circuit

Decided November 15, 1995No. 93-55448PublishedCited by 86 opinions

1Opinion of the Court

BOGGS, Circuit Judge.

This case involves an important issue, one which undoubtedly occurs with some regularity, and yet one that appears to remain a question of first impression, at least so far as a complete examination is concerned. At times, the United States seizes property, especially cash, and is ultimately found to have no proper claim to the property. When the property must be returned to its owner, the question arises as to what extent may the owner recover an amount related to the loss of the use of the property in the interim. We hold that the government is not generally liable for…

2Cases cited16 opinions

  1. Library of Congress v. ShawSupreme Court of the United States · 1986
  2. Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988
  3. Jicarilla Apache Tribe v. AndrusCourt of Appeals for the Tenth Circuit · 1982
  4. Sherwood v. WalkerMichigan Supreme Court · 1887
  5. United States v. $12,248 U.S. Currency, and Jack Johnson, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1992

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3Cited by86 opinions

  1. United States v. Westlands Water DistrictDistrict Court, E.D. California · 2001
  2. Richard Leider v. United States, United States Treasury Department, and Paul H. O'neill, Secretary of the TreasuryCourt of Appeals for the Federal Circuit · 2002
  3. Claudus G. Smith, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
  4. Chun v. Board of TrusteesHawaii Supreme Court · 2005
  5. In Re the Glacier Bay. United Cook Inlet Drift Assoc., an Alaska Cooperative Corp., on Behalf of a Class Comprising Its Members and Its Members' Deckhands v. Trinidad Corporation West of England Ship Owners Mark Hawker Kee Leasing Co. Mathiasen's Tanker Industries, Inc. Glacier Bay Transportation Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1995

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