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FLORIDA AUTO AUCTION OF ORLANDO, INC. v. U.S.

Nos. 95-1271, 95-1347.

74 F.3d 498 (1996)

FLORIDA AUTO AUCTION OF ORLANDO, INCORPORATED, d/b/a Lakeland Auto Auction, as Successor in Interest to the claims of Lakeland Auto Auction, Incorporated; Florida Auto Auction of Orlando, Incorporated, d/b/a Imperial Auto Auction of Orlando, Incorporated, as Successor in Interest to the Claims of Florida Auction Services Corporation, d/b/a Imperial Auto Auction of Orlando; Centennial Casualty Company, as Subrogee of Claims of ADT Automotive, Incorporated, Formerly Doing Business as West Palm Beach Auto Auction, Incorporated; Florida Auto Auction Of Orlando, Incorporated; Centennial Casualty Company, as Subrogee of the Claims of ADT Automotive, Incorporated, Formerly Doing Business as Orange County Auto Auction, Incorporated, Now Known as Greater Orlando Auto Auction, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. FLORIDA AUTO AUCTION OF ORLANDO, INCORPORATED, d/b/a Lakeland Auto Auction, as Successor in Interest to the Claims of Lakeland Auto Auction, Incorporated; Florida Auto Auction of Orlando, Incorporated, d/b/a Imperial Auto Auction of Orlando, Incorporated, as Successor in Interest to the Claims of Florida Auction Services Corporation, d/b/a Imperial Auto Auction of Orlando; Centennial Casualty Company, as Subrogee of Claims of ADT Automotive, Incorporated, Formerly Doing Business as West Palm Beach Auto Auction, Incorporated; Florida Auto Auction of Orlando, Incorporated; Centennial Casualty Company, as Subrogee of Claims of ADT Automotive, Incorporated, Formerly Doing Business as Orange County Auto Auction, Incorporated, Now Known as Greater Orlando Auto Auction, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1996.

Attorney(s) appearing for the Case

ARGUED: Deborah Ruth Kant, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Donald William Tyler, Sr., Tyler, Cassell, Jackson, Peace & Silver, L.L.P., Columbia, South Carolina, for Appellee. ON BRIEF: Frank W. Hunger, Assistant Attorney General, J. Preston Strom, Jr., United States Attorney, Robert S. Greenspan, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. M. Alan Peace, Tyler, Cassell, Jackson, Peace & Silver, L.L.P., Columbia, South Carolina; Charles R. Stepter, Jr., Fishback, Dominick, Bennett, Stepter, Ardaman & Bonus, Orlando, Florida, for Appellee.

Before MURNAGHAN and MOTZ, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

Reversed in part and affirmed in part by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge MOTZ and Senior Judge YOUNG joined.

OPINION

MURNAGHAN, Circuit Judge:

Appellees, automobile auctioneers, sued Appellant, the Federal Government, claiming that United States Customs officials committed the torts of negligence and conversion when they allowed automobiles to be exported without requiring presentation of the certificates of title...

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