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MELENDEZ v. SHULTZ

No. 73-1173.

486 F.2d 1032 (1973)

Rigoberto MELENDEZ, Plaintiff, Appellee, v. George P. SHULTZ, as he is Secretary of the Treasury, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 5, 1973.

Attorney(s) appearing for the Case

Harry H. Ellis, Staff Assistant to the Chief Counsel, with whom Matthew J. Werneth, Chief Counsel, Bureau of Alcohol, Tobacco and Firearms, Washington, D. C., James N. Gabriel, U. S. Atty., and William A. Brown, Asst. U. S. Atty., were on brief, for appellant.

Peter K. Speert, Boston, Mass., with whom Paula W. Gold, Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, MOORE, Senior Circuit Judge, and McENTEE, Circuit Judge.

COFFIN, Chief Judge.

Appellee challenged the constitutionality of forfeiture proceedings under 49 U.S.C.A. § 782 and sought to enjoin the operation of the statute as applied to him. The challenge was based on a Fifth Amendment Due Process claim and a Fourth Amendment claim. A three-judge court was convened, and, without reaching the broader issues posed by the complaint, ordered the plaintiff's car returned, holding that the failure of the government to obtain...

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