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POLLGREEN v. MORRIS

Nos. 80-1412-Civ-SMA, 80-1414-Civ-SMA.

496 F.Supp. 1042 (1980)

Thomas C. POLLGREEN, Floyd E. Roseman, Roberto Hernandez, Abelardo Vazquez, Plaintiffs, v. Raymond A. MORRIS, District Director of United States Immigration and Naturalization Service; Durward E. Powell, Regional Commissioner of United States Immigration and Naturalization Service; Douglas D. Angle, District Director of the United States Customs Service; Robert N. Battard, Regional Commissioner of the United States Customs Service, Defendants. John FERNANDEZ, Sr., Larry Foltz, Phillip D. Pierce, Rodolfo Rego, David Trujillo, John Montague, Jessie Marvin Hickman, Giddis Earl Hodges, Joseph D. Weed, Carolyn J. Knowles, Douglas J. Clark, Frank S. Stalls, Oliver J. McQuaig, Larry Foltz as Personal Representative of H. E. Morgan Estate, Larry Foltz as manager of certain shrimping vessel, Plaintiffs, v. Raymond A. MORRIS, District Director of United States Immigration and Naturalization Service; Durward E. Powell, Regional Commissioner of United States Immigration and Naturalization Service; Douglas D. Angle, District Director of the United States Customs Service; Robert N. Battard, Regional Commissioner of the United States Customs Service, Defendants.

United States District Court, S. D. Florida, Miami Division.

As Modified July 7, 1980.

Attorney(s) appearing for the Case

Diane R. Tolbert, Key West, Fla., for plaintiffs in No. 80-1412-Civ-SMA.

Thomas J. Sireci, Jr., Key West, Fla., for plaintiffs in No. 80-1414-Civ-SMA.

Atlee W. Wampler, III, U. S. Atty., So. Dist. of Florida, by Robert I. Targ, Asst. U. S. Atty., Miami, Fla., Lauri Steven Filppu, Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION AND PRELIMINARY INJUNCTION

ARONOVITZ, District Judge.

The issues before the Court today arise from the seizure of 31 vessels, owned by 19 American citizens, which were used in the April through June, 1980 "Cuban Refugee Freedom Flotilla." Specifically, Plaintiffs' request for preliminary injunctive relief raises two related questions. First, whether the Government impermissibly denied the boat owners a prompt post-seizure hearing in derogation...

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