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KINDERHILL SELECT BLOODSTOCK, INC. v. U.S.

No. 93-CV-1314.

835 F.Supp. 699 (1993)

KINDERHILL SELECT BLOODSTOCK, INC. and Constance Moss, Plaintiffs, v. UNITED STATES of America, Defendant.

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

October 29, 1993.

Attorney(s) appearing for the Case

Bruce R. Rosenthal, Carusone, Carusone Law Firm, Saratoga Springs, NY, for plaintiffs.

Barbara D. Cottrell, Asst. U.S. Atty., Albany, NY, for defendant.

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

On August 17, 1993, agents of the Internal Revenue Service ("IRS") seized four thoroughbred horses allegedly owned by the plaintiffs as a levy for back taxes owed by the Kinderhill Investment Company, Inc. ("Kinderhill Investment"). Three of the horses currently go by the names of M.J. Bean, Senorita Constanza, and Malicious (formerly Hardly Risen), and the fourth horse is an unnamed...

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