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BEACH v. SMITH

Civ. No. 81-830-T.

535 F.Supp. 560 (1982)

Ronald Nestor BEACH, Jr.; and Crystal Michelle Beach, a minor, by Ronald Nestor Beach, Jr., her Guardian ad Litem, Plaintiffs, v. William French SMITH, in his official capacity as head of The United States Department of Justice, Defendant.

United States District Court, S. D. California.

March 26, 1982.

Attorney(s) appearing for the Case

Michael J. Imhoff of Wampler, Holzmann, Imhoff & Stone, San Diego, Cal., for plaintiffs.

Catherine Coleman, Dept. of Justice, Washington, D. C., William Kennedy, U. S. Atty., San Diego, Cal., for defendant.

OPINION

TURRENTINE, Chief Judge.

This matter comes before the court on defendant's motion to dismiss or in the alternative for summary judgment. The claim arises from the kidnaping of Crystal Beach by her non-custodial parent and the subsequent refusal of the Department of Justice to issue a warrant for the kidnapers under the Fugitive Felon Act, 18 U.S.C. § 1073 (1976). The Parental Kidnaping Prevention Act of 1980, Pub.L. 96-611, 94 Stat. 3568, 96th...

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