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PEREZ v. U.S.

No. 92 Civ. 7727(MEL).

838 F.Supp. 860 (1993)

Barbara PEREZ, Plaintiff, v. The UNITED STATES of America, Defendant.

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

December 20, 1993.

Attorney(s) appearing for the Case

Gerst, Konigsberg, & Levin, Garden City, NY, for plaintiff; Kelly Foley, of counsel.

Mary Jo White, U.S. Atty., S.D.N.Y., New York City, for defendant; William J. Hoffman, Asst. U.S. Atty., of counsel.

OPINION

LASKER, District Judge.

Barbara Perez sues the United States to recover items of jewelry seized from her apartment by Drug Enforcement Administration ("DEA") agents, and for damages. Perez alleges three causes of action: replevin, conversion and liability under the Federal Tort Claims Act. The Government moves to dismiss the suit on the grounds of lack of subject matter jurisdiction and failure to state a claim and, in the alternative, moves for...

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