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UNITED STATES v. ONE LOT EMERALD CUT STONES AND ONE RING

No. 71-3584.

461 F.2d 1189 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. ONE LOT EMERALD CUT STONES AND ONE RING, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 9, 1972.

Attorney(s) appearing for the Case

Robert W. Rust, U.S. Atty., Lloyd G. Bates, Jr., Asst. U.S. Atty., Miami, Fla., for plaintiff-appellant.

E. David Rosen, Miami, Fla., Bernard R. Fleisher, New York City, for defendant-appellee.

Before TUTTLE, MORGAN and RONEY, Circuit Judges.

TUTTLE, Circuit Judge:

The United States appeals from the dismissal by the trial court of a forfeiture action in which the United States sought the forfeiture of One Lot of Emeralds and a Ring based upon a violation of Title 18 U.S.C. Section 545 and Title 19 U.S.C. Section 1497.

The essential facts are not controverted. On June 5th, 1969, Francisco Farkac Klementova, hereinafter called the claimant, entered the United States at the Miami International Airport...

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