Legal Opinion

United States v. One Hundred & Fifty-two Thousand Dollars ($152,000.00) in United States Currency

District Court, D. Puerto Rico

Decided August 13, 1984No. Civ. No. 83-979 GGPublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

GIERBOLINI, District Judge.

This is an action in rem to enforce the forfeiture of defendant currency pursuant to 31 U.S.C. § 5316 as amended. The jurisdiction of this court is invoked under 28 U.S.C. §§ 1345 and 1355. Kenneth Wayne Capen (claimant) filed a claim for the defendant property, and answered plaintiffs complaint. Plaintiff has filed a motion for summary judgment and claimant has opposed it. Plaintiff has also subsequently filed a reply to claimant’s opposition.

The pertinent facts of this case are as follows. On September 14, 1982 claimant arrived at the Juliana…

2Cases cited16 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Robert C. Hahn v. Francis W. SargentCourt of Appeals for the First Circuit · 1975
  3. Haring v. ProsiseSupreme Court of the United States · 1983
  4. United States v. Eight Thousand Eight Hundred & Fifty DollarsSupreme Court of the United States · 1983
  5. Simion Stepanischen v. Merchants Despatch Transportation CorporationCourt of Appeals for the First Circuit · 1983

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3Cited by1 opinion

  1. United States v. 2401 S. Claremont, Independence, Mo.District Court, W.D. Missouri · 1989

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