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UNITED STATES v. ONE (1) 1944 STEEL HULL FREIGHTER

No. 82-5125. Non-Argument Calendar.

697 F.2d 1030 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. ONE (1) 1944 STEEL HULL FREIGHTER CONVERTED WARTIME LANDING CRAFT UTILITY VESSEL (LCU) SHAMROCK, approximately 112 feet in length, together with its tackle, apparel, harness and equipment, Defendant, v. KEMUR INTERNATIONAL, INC., Claimant/Counterclaim Plaintiff-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 11, 1983.

Attorney(s) appearing for the Case

Peter S. Herrick, Coconut Grove, Fla., for claimant/counterclaim plaintiff-appellant.

Joseph A. Florio, Asst. U.S. Atty., Stephen LeClair, Miami, Fla., David B. Smith, Narcotic & Dangerous Drug Section, Washington, D.C., for plaintiff-appellee.

Before GODBOLD, Chief Judge, FAY and CLARK, Circuit Judges.

CLARK, Circuit Judge:

After finding 3,168 pounds of marijuana sealed in drums aboard the M/V Shamrock on June 2, 1978, the Customs Service seized the vessel on July 20, 1978. Following the seizure, the government sought forfeiture under 49 U.S.C. sec. 782, 21 U.S.C. sec. 881, and 19 U.S.C. sec. 1594. The sworn statements of the Shamrock's captain and first mate were in apparent contradiction as to the matter of the captain's knowledge of the presence of the marijuana...

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