Legal Opinion

United States v. $49,000 Currency

Court of Appeals for the Fifth Circuit

Decided May 5, 2003No. 02-40263PublishedCited by 54 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

This is an appeal from a default judgment. In the course of a traffic stop the Government seized $49,000 in currency and filed a complaint against it for forfeiture pursuant to 21 U.S.C. § 881(a)(6). Claimants-Appellants White and Jackson filed a 12(b)(6) motion to dismiss based on the theory that the Government failed to plead facts establishing probable cause with sufficient particularity so as to satisfy Rule E(2)(a)of the Supplemental Rules for Admiralty and Maritime Claims (hereinafter, Rule E(2)(a)). 1 The district court denied the motion to dismiss, finding…

2Cases cited12 opinions

  1. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  2. Manuel M. Fernandez-Montes v. Allied Pilots Association, Fred Vogel, and C.R. PatyCourt of Appeals for the Fifth Circuit · 1993
  3. Tollett v. The City of KemahCourt of Appeals for the Fifth Circuit · 2002
  4. Rose v. Batson v. Neal Spelce Associates, Inc.Court of Appeals for the Fifth Circuit · 1985
  5. Ray Marshall, Secretary of Labor, United States Department of Labor v. Johnny Segona, D/B/A Highway 190 Truck Stop and as Truckem Up ParadiseCourt of Appeals for the Fifth Circuit · 1980

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3Cited by54 opinions

  1. Law Funder, L.L.C. v. Sergio Munoz, Jr.Court of Appeals for the Fifth Circuit · 2019
  2. Steve Moore v. Citgo Refining & Chemicals CCourt of Appeals for the Fifth Circuit · 2013
  3. Calsep v. DabralCourt of Appeals for the Fifth Circuit · 2023
  4. Washington v. M. Hanna Construction Inc.Court of Appeals for the Fifth Circuit · 2008
  5. United States v. Real Property Known as 200 Acres of Land Near FM 2686 Rio Grande CityCourt of Appeals for the Fifth Circuit · 2014

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