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LYDEN v. HOWERTON

Nos. 84-5681, 85-5321.

783 F.2d 1554 (1986)

Dewey L. LYDEN, M/V "BORN AGAIN" et al., Plaintiffs-Appellees, v. Joe D. HOWERTON, Director of United States Immigration and Naturalization Service, Edward F. O'Connor, Harvey W. Carnes and Robert N. Battard, Defendants-Appellants. Richard BRULAND, Raymond Bruland, Vance Hager, and William Baldwin, Plaintiffs-Appellants, v. Joe D. HOWERTON, District Director of Immigration and Naturalization Service, Edward F. O'Connor, Regional Director of Immigration and Naturalization Service, Harvey W. Carnes, District Director United States Customs Service, and Robert N. Battard, Regional Director United States Customs Service, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 12, 1986.

Attorney(s) appearing for the Case

Robert Kendall, Jr., Office of Immigration Litigation, Civil Div., U.S. Dept. of Justice, Washington, D.C., Stanley Marcus, U.S. Atty., Miami, Fla., for defendants-appellants.

Alfred K. Frigola, Frigola, DeVane & Wright, P.A., Marathon, Fla., for plaintiffs-appellees and plaintiffs-appellants.

Stanley Marcus, U.S. Atty., Robert Rosenberg, Asst. U.S. Atty., Miami, Fla., Robert Kendall, Jr., Office of Immigration Litigation, Civil Div., Washington, D.C., for defendants-appellees.

Before VANCE and HATCHETT, Circuit Judges, and SWYGERT, Senior Circuit Judge.

VANCE, Circuit Judge:

This is a consolidation of two cases involving some sixteen plaintiffs, all boat owners or captains (hereafter fishermen or owners). They sued in the district court for the southern district of Florida to challenge the seizure of their boats and the imposition of substantial fines by the Immigration and Naturalization Service (INS) pursuant to 8 U.S.C. § 1323. All were fined for bringing Cuban refugees without visas to the United States...

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