Legal Opinion

United States v. Approximately Two Thousand, Five Hundred Thirty-Eight Point Eighty-Five Shares (2,538.85) of Stock Certificates of the Ponce Leones Baseball Club, Inc.

Court of Appeals for the First Circuit

Decided March 12, 1993No. 92-1555, 92-1800PublishedCited by 9 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Senior Circuit Judge.

At issue in this appeal is whether appellant Cotto-Garcia was tardy in filing his “claim” contesting the government’s in rem seizure, under drug laws, of his stock shares. Under relevant rules, infra, appellant had “10 days after process has been executed” to file the required claim. He contends he filed the claim on time (in fact, prematurely), as process was executed, under his theory, only when notice of the government’s forfeiture action was published — an event that did not occur until after Cotto-Garcia had filed his claim. The district court…

2Cases cited25 opinions

  1. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  2. Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Construction Trades CouncilSupreme Court of the United States · 1988
  3. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
  4. United States v. $38,000.00 in United States Currency, David English and Michael William English, Claimants-AppellantsCourt of Appeals for the Eleventh Circuit · 1987
  5. Don Kirshner, and Schumaier, Roberts & McKinsey v. Uniden Corporation of AmericaCourt of Appeals for the Ninth Circuit · 1988

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3Cited by9 opinions

  1. United States v. 2,164 Watches, More or Less, Bearing A Registered Trademark of Guess?, Inc.Court of Appeals for the Ninth Circuit · 2004
  2. United States v. Parcels of Property, With Building Appurtenances & Improvements Located at 255 BroadwayCourt of Appeals for the First Circuit · 1993
  3. United States v. 105,800 Shares of Common Stock of FirstRock Bancorp, Inc.District Court, N.D. Illinois · 1993
  4. DiGiovanni v. KjesslerCourt of Appeals for the Ninth Circuit · 1996
  5. United States v. Premises Known as 2930 Greenleaf StreetDistrict Court, E.D. Pennsylvania · 1996

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