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U.S. v. ONE 55 FOOT FISHING VESSEL K/A THE SOLE

Civ. A. No. 82-654Mc.

656 F.Supp. 967 (1987)

UNITED STATES of America v. ONE 55 FOOT FISHING VESSEL ... KNOWN AS "THE SOLE".

United States District Court, D. Massachusetts.

March 18, 1987.

Attorney(s) appearing for the Case

Frederick E. Dashiell, Asst. U.S. Atty., Boston, Mass., for plaintiff.

Joseph Marchese Jr., Revere, Mass., and Robert T. Gill, Dale A. Coggins, Parker, Coulter, Daley & White, Boston, Mass., for claimant Pasquale Alba, Pres. and Dir. of Sole Fisheries.

FINDINGS OF FACT and CONCLUSIONS OF LAW

McNAUGHT, District Judge.

Jurisdiction is founded on the provisions of 28 U.S.C. § 1355. This is an action in rem for the forfeiture of the fishing vessel "The Sole" under 21 U.S.C. § 881(a)(4).

The first issue to be determined was whether, prior to the seizure of the vessel, the government had reasonable cause to believe that the vessel was used as a conveyance for the transportation of marijuana...

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