UNITED STATES v. ONE 1951 DOUGLAS DC-6 AIRCRAFT

No. 80-1194.

667 F.2d 502 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1951 DOUGLAS DC-6 AIRCRAFT, et al., Defendants, Ernesto Zaragoza Y., Claimant-Appellant. ERNESTO ZARAGOZA Y., Plaintiff-Appellant, v. UNITED STATES of America; John Doe Wray, U. S. Customs Service Regional Supervisor; Adele Corp, heir of estate of Bryan Corp; Cryderman Air Service, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

October 29, 1981.


Attorney(s) appearing for the Case

Michael J. Meehan, Molloy, Jones, Donahue, Trachta, Childers & Mallamo, Tucson, Ariz., for claimant-appellant.

W. J. Michael Cody, U. S. Atty., Memphis, Tenn., Allan Neef, Darden, Neef & Heitsch, Birmingham, Mich., Richard D. Burris (Corp.), Tucson, Ariz., for plaintiff-appellee.

Before EDWARDS, Chief Judge, and ENGEL and MARTIN, Circuit Judges.


ORDER

Ernesto Zaragoza Y. appeals from the judgment of the district court, Judge Harry W. Wellford, authorizing and approving the forfeiture of an airplane in which he claims a security interest. United States Customs agents seized the plane at Memphis International Airport on April 26, 1977. It is undisputed that the plane contained 5,420 pounds of marijuana when seized, and that the plane would be subject to forfeiture under 19 U.S.C. § 1595a(a) but for Zaragoza...

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