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DUARTE v. UNITED STATES

No. 657, Docket 75-6101.

532 F.2d 850 (1976)

Herman DUARTE, Plaintiff-Appellant, v. UNITED STATES of America and United States Coast Guard, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 26, 1976.

Attorney(s) appearing for the Case

John K. Villa, Dept. of Justice, Washington, D. C. (Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Paul J. Curran, U. S. Atty., S. D. N. Y., New York City, and William Kanter, Dept. of Justice, Washington, D. C., on the brief), for appellees.

Edward M. Katz, New York City (Abraham E. Freedman, New York City, on the brief), for appellant.

Before KAUFMAN, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

The appellant Herman Duarte was a merchant seaman aboard the S.S. American Challenger when he was arrested in October of 1972 by local police while ashore in South Vietnam. He was charged with possession of marijuana and with currency violations. He was held in jail for eight days, after which he returned to his ship. He later went ashore to appear at the proceedings against him. While ashore, but prior to the court hearing, a United...

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