Legal Opinion
Lee v. Thornton
District Court, D. Vermont
Decided July 25, 1975No. Civ. A. 6451, 6762PublishedCited by 4 opinions
1Opinion of the Court
COFFRIN, District Judge.
This case involves certain seizure, penalty, and forfeiture provisions of the customs laws alleged to be unconstitutional for a variety of reasons. It was heard earlier by a court of three judges which decided the constitutional issues adversely to the plaintiff. See Lee v. Thornton, 370 F.Supp. 312 (D.Vt.1974). The plaintiffs appealed to the Supreme Court which held that it lacked jurisdiction to entertain the appeal because the three-judge court had been convened improperly since the Tucker Act, 28 U.S.C. § 1346(a)(2), the only jurisdictional ground relied upon,…
2Cases cited26 opinions
- Hagans v. LavineSupreme Court of the United States · 1974
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Gibson v. BerryhillSupreme Court of the United States · 1973
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- Helvering v. MitchellSupreme Court of the United States · 1938
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3Cited by4 opinions
- United States v. One (1) Douglas A-26B AircraftDistrict Court, S.D. Georgia · 1977
- Kirkland v. State Ex Rel. BaxleyCourt of Civil Appeals of Alabama · 1976
- United States v. One 1976 Mercedes 450 SLCCourt of Appeals for the Fifth Circuit · 1982
- No. 80-5158Court of Appeals for the Fifth Circuit · 1982