UNITED STATES v. ONE (1) DOUGLAS A-26B AIRCRAFT

No. 81-7324 Non-Argument Calendar.

662 F.2d 1372 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. ONE (1) DOUGLAS A-26B AIRCRAFT, Serial No. 28034, FAA Registration No. N3035 S, and Equipment, Defendant, Rebel Aviation, Inc., Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 9, 1981.


Attorney(s) appearing for the Case

McDaniel, Chorey & Taylor, Alan L. Dye, Atlanta, Ga., for Rebel Aviation, Inc.

Kenneth C. Etheridge, Asst. U. S. Atty., Savannah, Ga., D. Lowell Jensen, Asst. Atty. Gen., Washington, D. C., for the U. S.

Before RONEY, KRAVITCH and CLARK, Circuit Judges.


KRAVITCH, Circuit Judge:

Claimant Rebel Aviation, Inc. has appealed the order of the district court denying its motions for writ of assistance under Rule 70 of the Federal Rules of Civil Procedure and for modification of judgment under Rule 60(b). We agree with the district court that Rule 70 is an inappropriate basis for relief of the type sought by appellant. We further conclude that although appellant could have sought relief via a counterclaim asserted in the...

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