JOHNS v. McKINLEY

No. 170, Docket 84-6160.

753 F.2d 1195 (1985)

Richard JOHNS, III, Plaintiff-Appellant, v. Stanley E. McKINLEY, Immigration and Naturalization Service (INS) Regional Commissioner for the Eastern Region, Alan C. Nelson, Commissioner of the INS, and Benedict J. Ferro, District Director, Buffalo INS, Western District of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 31, 1985.


Attorney(s) appearing for the Case

Gerald P. Seipp, Buffalo, N.Y. (Serotte, Reich & Goldstein, Buffalo, N.Y., on brief), for plaintiff-appellant.

Rodney O. Personius, Asst. U.S. Atty., Buffalo, N.Y. (Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Buffalo, N.Y., on the brief), for defendants-appellees.

Before: MANSFIELD and KEARSE, Circuit Judges, and METZNER, District Judge.


KEARSE, Circuit Judge.

Plaintiff Richard Johns, III, appeals from a final judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge, dismissing his complaint for damages and the return of a 1982 Ford tractor cab seized at the United States-Canadian border by officials of the United States Immigration and Naturalization Service ("INS") on July 21, 1983. The defendants are Stanley E. McKinley, Regional Commissioner...

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