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U.S. v. ONE 18TH CENTURY COLOMBIAN MONSTRANCE

No. 85-2643.

797 F.2d 1370 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 18TH CENTURY COLOMBIAN MONSTRANCE Known as the Keeper of the Host of Santa Clara, 11.3 Troy Pounds of Gold with Approximately 1,500 Precious and Semi-Precious Stones and Pearls, Defendant, James W. Newton, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 22, 1986.

Attorney(s) appearing for the Case

Seagal V. Wheatley, Oppenheimer, Rosenberg, Kelleher & Wheatley, Leo O. Bacher, Jr., San Antonio, Tex., for James W. Newton.

James F. Fitzpatrick, Arnold & Porter, Edward L. Wolf, Washington, D.C., for amicus curiae-American Ass'n of Dealers in Ancient, Oriental and Primitive Art.

Pamela Ann Mathy, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., John F. Paniszczyn, Asst. U.S. Atty., San Antonio, Tex., for U.S.

Robert E. Goodfriend, Dallas, Tex., William T. McCue, New York City, A. Lauren Carpenter, Dallas, Tex., Donald R. Taylor, San Antonio, Tex., for Republic of Columbia.

Before RUBIN, POLITZ, and JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 22, 1986.

ALVIN B. RUBIN, Circuit Judge:

The United States seeks to forfeit property allegedly imported fraudulently by a person who has since become a fugitive from justice. The property was left in the possession of a dealer under a contract giving the dealer the right to sell the property and to retain it until the dealer had been repaid a sum deposited with the owner for that right. The issue in this case...

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