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INTERSTATE CIGAR CO. v. U.S.

No. 90-1848.

928 F.2d 221 (1991)

INTERSTATE CIGAR CO. and ICC Indiana Warehouse, Incorporated, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 19, 1991.

Attorney(s) appearing for the Case

David J. Backer, Backer & Backer, Indianapolis, Ind., Edward M. Joffe, Peter W. Fudali, Sandler, Travis & Rosenberg, Miami, Fla., for plaintiffs-appellants.

Winfield Ong, Office of the U.S. Atty., Indianapolis, Ind., Jeffrey B. Chasnow, Dept. of Justice, Consumer Litigation, Washington, D.C., for defendant-appellee.

Before BAUER, Chief Judge, POSNER and RIPPLE, Circuit Judges.

BAUER, Chief Judge.

The Interstate Cigar Company and its subsidiary, ICC Indiana Warehouse, Inc. (collectively "Interstate"), filed a complaint in the United States District Court for the Southern District of Indiana demanding the return of seized property. This property, 6,058 bottles of the prescription drug Midrin, was taken by agents of the United States Custom Service on July 14, 1989, pursuant to a valid search warrant. Jurisdiction was based on Rule 41(e),...

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