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U. S. EX REL. HORNELL v. ONE 1976 CHEV. ETC.

No. 77-1047.

585 F.2d 978 (1978)

UNITED STATES of America ex rel. Carl B. HORNELL and Mary A. Hornell, Plaintiffs-Appellants, v. ONE 1976 CHEVROLET STATION WAGON, SERIAL NO. 1L45U6S107585, Navajo Motors, a New Mexico Corporation, and the Merchants Bank, a New Mexico Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Robert C. Ericson, Window Rock, Ariz. (William M. Celestre, Window Rock, Ariz., on the brief), for plaintiffs-appellants.

Richard Winterbottom and Peter J. Adang, Albuquerque, N. M., for defendants-appellees.

Before SETH, Chief Judge, and LEWIS and DOYLE, Circuit Judges.

LEWIS, Circuit Judge.

This is an appeal from a judgment entered in the United States District Court for the District of New Mexico pursuant to Rule 12(c), Fed.R.Civ.P., dismissing plaintiffs' two-part complaint. The first claim stated in the complaint is a qui tam action based on 25 U.S.C. §§ 201 and 264 for a monetary penalty and forfeiture of a Chevrolet station wagon allegedly sold to plaintiffs on an...

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