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MILBURN v. UNITED STATES

No. 83-5248.

734 F.2d 762 (1984)

William R. MILBURN and Richard V. Thompson, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 18, 1984.

Attorney(s) appearing for the Case

Irving Weinsoff, Miami, Fla., for plaintiffs-appellants.

Stanley Marcus, U.S. Atty., Robert A. Rosenberg, Linda Collins Hertz, Asst. U.S. Attys., and Susan M. Chalker, Sp. Asst. U.S. Atty., Miami, Fla., for defendant-appellee.

Before FAY and ANDERSON, Circuit Judges, and MARKEY, Chief Judge of the Federal Circuit.

MARKEY, Chief Judge:

Milburn and Thompson appeal the March 22, 1983 order of the District Court dismissing with prejudice their complaint against the United States. We vacate and remand.

Background

Milburn and Thompson jointly owned an aircraft. They rented it to a pilot, who flew it to the Turks and Caicos Islands, British West Indies (Islands). On May 6, 1981, the Islands' government seized the aircraft because it had been used to transport...

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