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FONSECA v. BLUMENTHAL

No. 526, Docket 79-6174.

620 F.2d 322 (1980)

Jose A. FONSECA, Plaintiff-Appellant, v. W. Michael BLUMENTHAL, Secretary of the Treasury of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 21, 1980.

Attorney(s) appearing for the Case

Edward S. Rudofsky, New York City (Zane & Teitler, and Axelrod & Warburgh, New York City, on the brief), for plaintiff-appellant.

Ralph L. McMurry, Asst. U.S. Atty., Brooklyn, N.Y. (Edward R. Korman, U.S. Atty., and Miles M. Tepper, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for defendants-appellees.

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

PER CURIAM:

Appellant, Jose A. Fonseca, commenced this action in the Eastern District of New York to recover a suitcase containing $250,-000 in United States currency. He alleged that the suitcase had been misdirected by an airline to JFK Airport in New York while Fonseca was traveling from Bogota, Colombia to Lima, Peru. The suitcase was seized by the United States Customs Service in New York.

While the action was pending, the Superintendent of Exchange Control...

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