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U.S. v. PROCEEDS OF SALE OF 3,888 P. ATL. SEA S.

No. 88-1309.

857 F.2d 46 (1988)

UNITED STATES of America, Plaintiff, Appellee, v. The PROCEEDS OF SALE OF 3,888 POUNDS ATLANTIC SEA SCALLOPS, etc., Defendant, Appellee. Appeal of Arne JENSEN and A & E Fisheries, Inc., Claimants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 21, 1988.

Attorney(s) appearing for the Case

Joseph J. Altieri, Providence, R.I., Edward V. Cattell, Jr., Philadelphia, Pa., and Nancy E. Sim, Pleasantville, N.J., on brief, for appellants.

Roger J. Marzulla, Asst. Atty. Gen., Peter R. Steenland, Jr., Atty., Dept. of Justice, and Lee M. Kolker, Atty., Dept. of Justice, Washington, D.C., on brief, for appellees.

Before COFFIN, BOWNES and SELYA, Circuit Judges.

COFFIN, Circuit Judge.

This is an appeal from the district court's refusal (1) to dismiss a forfeiture action brought by the government and (2) to set aside a default judgment subsequently entered against appellants in that action. Because we find no abuse of discretion, we affirm.

I.

On August 18, 1986, the government seized 3,888 pounds of scallops belonging to appellants-claimants, Arne Jensen and A & E Fisheries, Inc. [hereinafter appellant...

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