CARPENTER v. ANDRUS

Civ. A. No. 79-126.

499 F.Supp. 976 (1980)

Keith CARPENTER, Plaintiff, v. Cecil D. ANDRUS, Secretary of the United States Department of Interior; The Director, United States Fish and Wildlife Service; and The United States of America, Defendants, v. ONE LEOPARD SKIN AND SKULL (Panthera Pardus) seized at John F. Kennedy International Airport, Queens County, New York, from Lufthansa-German Airlines on September 26, 1977, Third-Party Defendant.

United States District Court, D. Delaware.

September 30, 1980.


Attorney(s) appearing for the Case

William H. Uffelman, Jr., Biggs & Bataglia, Wilmington, Del., for plaintiff.

James W. Garvin, Jr., U. S. Atty., Peggy L. Ableman, Asst. U. S. Atty., Wilmington, Del., for defendants.


OPINION

MURRAY M. SCHWARTZ, District Judge.

In this motion for costs and attorney's fees, plaintiff, having prevailed in his effort to prevent forfeiture of property under the Endangered Species Act of 1973, 16 U.S.C. §§ 1531-43 ("the Act"), seeks to invoke the Act's provision for discretionary cost awards in private enforcement actions. Although this motion might well raise difficult questions of statutory interpretation these issues are not reached...

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