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KOSAK v. UNITED STATES

No. 81-2855.

679 F.2d 306 (1982)

KOSAK, Joseph A., Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided May 19, 1982.

Rehearing Denied June 24, 1982.

Attorney(s) appearing for the Case

Charles S. Silver, Jeffrey L. Naftulin & Associates, Doylestown, Pa., for appellant.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Serena H. Dobson, Asst. U. S. Attys., Philadelphia, Pa., Allan L. Martin, U. S. Customs Service, Baltimore, Md., for appellee.

Before ALDISERT, WEIS, and BECKER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) April 27, 1982.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented by this appeal is whether the provision of the Federal Tort Claims Act (FTCA) that bars claims "arising in respect of ... the detention of any goods or merchandise by any officer of customs ...," 28 U.S.C. § 2680(c), precludes a claim against the United States for negligent damage to property while in the legitimate custody...

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