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LYNG MOTORS & SERVICE, INC. v. U.S.

No. 95-CV-0055.

923 F.Supp. 356 (1996)

LYNG MOTORS & SERVICE, INC., et al., Plaintiffs, v. UNITED STATES of America, Defendant.

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

April 25, 1996.

Attorney(s) appearing for the Case

Siegel, Mandell Law Firm, New York City for plaintiffs (Brian S. Goldstein and Laurence M. Friedman, of counsel).

Thomas J. Maroney, Office of the United States Attorney, Albany, NY, for defendant (James C. Woods, of counsel).

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

The plaintiff, LYNG MOTORS & SERVICE, INC., brings this action pursuant to 28 U.S.C. § 1346(a)(2), and alleges that the United States Customs Service acted ultra vires when it charged plaintiff for administrative costs and charges relating to the processing of plaintiff's property that had been the subject of an administrative seizure. The government, in a motion...

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