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SOLUS OCEAN SYSTEMS, INC. v. U.S. CUSTOMS SERVICE

No. 85-2216 Summary Calendar.

777 F.2d 326 (1985)

SOLUS OCEAN SYSTEMS, INC., Plaintiff-Appellant, v. UNITED STATES CUSTOMS SERVICE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 3, 1985.

Attorney(s) appearing for the Case

Brown, Sims & Ayre, Frederick M. Boss, Houston, Tex., for plaintiff-appellant.

Daniel K. Hedges, U.S. Atty., Thomas P. Beery, Jack Shepherd, James R. Gough, Asst. U.S. Attys., Houston, Tex., for defendant-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

Appellant sued the United States for damages resulting from the sale without notice of goods in custody of the United States Customs Service (Customs) pursuant to 19 U.S.C. § 1490(b). The district court dismissed the suit for lack of jurisdiction, holding that 28 U.S.C. § 2680(c) barred the claim as one "arising in respect of ... the detention of any goods ... by any officer of customs...." We affirm.

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