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U.S. v. ONE BELL JET RANGER II HELICOPTER

No. 89-35551.

943 F.2d 1121 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. ONE BELL JET RANGER II HELICOPTER, Identification No. N8190j (Registered to Sam Jaksick, 1013 Lakeshore Drive, Indian Village, Nevada), Defendant, and Great Western Helicopters, Inc., Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 3, 1991.

Attorney(s) appearing for the Case

John A. Bryson, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Brian T. Butler; Michael J. Hemovich, Hemovich, Nappi, Oreskovich & Butler, Spokane, Wash., for defendant-appellee.

Before FLETCHER, FARRIS and BOOCHEVER, Circuit Judges.

FLETCHER, Circuit Judge:

The United States appeals the denial of forfeiture of a helicopter allegedly used to harass big horn sheep in violation of the Airborne Hunting Act ("AHA"), 16 U.S.C. 742j-1. The government argues that the district court erred by (1) requiring a showing of specific intent to harass wildlife in a civil forfeiture proceeding, (2) refusing to use the definition of harass promulgated by the agency authorized to implement the statute, (3) finding...

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