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LEE v. THORNTON

No. 533, Docket 75-6089.

538 F.2d 27 (1976)

James P. LEE, Jr., Plaintiff-Appellant, v. William L. THORNTON, District Director, United States Customs for Vermont, et al., Defendants-Appellees. Ronald RICH, Plaintiff-Appellant, v. William L. THORNTON, District Director, United States Customs for Vermont, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 2, 1976.

Attorney(s) appearing for the Case

John A. Dooley, III (Vermont Legal Aid, Inc.), Burlington, Vt., for plaintiffs-appellants.

Terence M. Brown, Atty., Dept. of Justice, Washington, D. C. (Shirley Baccus-Lobel, Atty., Dept. of Justice, Washington, D. C., and George W. F. Cook, U. S. Atty. for the District of Vermont, Rutland, Vt., of counsel), for defendants-appellees.

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

J. JOSEPH SMITH, Circuit Judge:

Lee and Rich, two motor vehicle owners, whose vehicles were detained by customs officials in Vermont after crossings of the Canadian border, sued in the United States District Court for the District of Vermont, attacking the constitutionality of the statutory scheme under which the vehicles had been detained.1

A decision granting partial relief in favor of...

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