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U.S. v. EIGHTY-THREE ROLEX WATCHES

No. 92-2266.

992 F.2d 508 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. EIGHTY-THREE ROLEX WATCHES, Defendant, v. SAM'S WHOLESALE CLUB and Wal-Mart Stores, Inc., Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 22, 1993.

Attorney(s) appearing for the Case

Dermot S. McGlinchey, James M. Garner, Martha M. Young, Colvin G. Norwood, McGlinchey, Stafford, Cellini & Lang, New Orleans, LA, for defendant, claimants-appellants.

Robert B. Zener, U.S. Dept. of Justice, Washington, DC, Samuel G. Longoria, U.S. Attorney's Office, Houston, TX, for plaintiff-appellee.

Before REYNALDO G. GARZA, HIGGINBOTHAM and DeMOSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 22, 1993.

DeMOSS, Circuit Judge:

I. BACKGROUND

This appeal involves a forfeiture of 83 Rolex Watches, so-called "gray market" goods, in the inventory of Sam's Wholesale Club. Sam's Wholesale Club and Wal-Mart Stores, Inc., its parent, (collectively, Wal-Mart) intervened as owner of the watches. On cross-motions for summary judgment, the district court ordered forfeiture. We affirm.

A. Statute...

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