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U.S. v. CONTENTS OF ACCOUNT NO. 2033301

No. 93 Civ. 0937 (RWS).

831 F.Supp. 337 (1993)

UNITED STATES of America, Plaintiff, v. CONTENTS OF ACCOUNT NUMBER 2033301 IN the NAME OF LUIS FREIXAS, LOCATED AT CITIBANK INTERNATIONAL, MIAMI, FLORIDA, Defendant-in-rem.

United States District Court, S.D. New York.

September 20, 1993.

Attorney(s) appearing for the Case

Roger S. Hayes, U.S. Atty. for the S.D.N.Y., New York City, for plaintiff; Donald E. Clark, Asst. U.S. Atty., of counsel.

Mershon, Sawyer, Johnson, Dunwody & Cole, Miami, FL, for defendant-in-rem; Eric D. Isicoff, of counsel.

OPINION

SWEET, District Judge.

Claimant Luis Freixas ("Freixas"), owner of the contents of account number 2033301 (the "Defendant-in-rem" or the "Miami Account"), has moved pursuant to rule 12(b), Fed.R.Civ.P. to dismiss the verified complaint ("Complaint") filed against the Account by the United States for lack of in rem jurisdiction, or, in the alternative, pursuant to 28 U.S.C. § 1404, transfer the action to the United States District...

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