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MERCADO v. U.S. CUSTOMS SERVICE

No. 244, Docket 88-6137.

873 F.2d 641 (1989)

Manuel MERCADO, Plaintiff-Appellant, v. The U.S. CUSTOMS SERVICE, the Commissioner of Customs, the Secretary of the Treasury, the Drug Enforcement Administration, the Attorney General of the United States, the Internal Revenue Service and the United States of America, Defendants-Appellees, UNITED STATES of America, Third-Party-Plaintiff-Appellee, v. UNITED STATES CURRENCY IN the AMOUNT OF $181,590.00 (ONE HUNDRED EIGHTY ONE THOUSAND, FIVE HUNDRED AND NINETY DOLLARS, More or Less, Third-Party-Defendant, and Appeal of Manuel MERCADO, Claimant-Appellant. Appeal of ZANE AND RUDOFSKY.

United States Court of Appeals, Second Circuit.

Decided May 4, 1989.

Attorney(s) appearing for the Case

Edward S. Rudofsky (Zane and Rudofsky and Karen M. Newman, New York City, of counsel), for plaintiff-appellant and claimant-appellant Manuel Mercado and appellant Zane and Rudofsky.

Kiyo A. Matsumoto, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., and Robert L. Begleiter, Asst. U.S. Atty., E.D.N.Y., of counsel), for appellees.

Before VAN GRAAFEILAND, CARDAMONE and PIERCE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Manuel Mercado appeals from a summary judgment of the United States District Court for the Eastern District of New York (Platt, J.) granting forfeiture of $181,590 pursuant to 31 U.S.C. § 5317. The judgment also dismissed Mercado's action seeking return of the funds and imposed a $1,000 Rule 11 sanction against Mercado's counsel. We reverse the district court's imposition of the sanction but affirm the district court's judgment...

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