ARCA AIRLINES, LTDA. v. U.S. CUSTOMS SERVICE

Nos. 87-2050-CIV, 88-0430-CIV.

726 F.Supp. 827 (1989)

ARCA AIRLINES, LTDA., Plaintiff, v. UNITED STATES CUSTOMS SERVICE, Harry W. Carnes, District Director of Customs, in his individual capacity, and Harvey Fox, Director of Regulations and Rulings, United States Customs Service, in his individual capacity, Defendants. ARCA AIRLINES, LTDA., Plaintiff, v. UNITED STATES CUSTOMS SERVICE, and Harry W. Carnes, District Director of Customs, in his individual capacity, Defendants.

United States District Court, S.D. Florida.

October 10, 1989.


Attorney(s) appearing for the Case

Jeanne Mullenhoff, Lynn Summers, Asst. U.S. Attys., for defendants.

Peter Herrick, Miami, Fla., for plaintiff.


MEMORANDUM OPINION

SCOTT, District Judge.

These consolidated cases arise from the failure of an international airline to prevent the use of its aircraft to smuggle narcotics into the United States. ARCA Airlines, Ltda. ("ARCA") contests the assessment of penalties by the United States Customs Service ("Customs") under 19 U.S.C. § 1584(a)(2). Customs imposed the penalties after discovering cocaine on board two ARCA aircraft flown from Bogota, Colombia...

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