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U.S. v. ALL RADIO STATION TRANSMISSION EQUIP.

Nos. 98-2129, 98-2396.

204 F.3d 658 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. ANY AND ALL RADIO STATION TRANSMISSION EQUIPMENT, RDIO FREQUENCY POWER AMPLFIERS, RADIO FREQUENCY TEST EQUIPMENT AND ANY OTHER EQUIPMENT ASSOCIATED WITH OR USED IN CONNECTION WITH THE TRANSMISSION AT 97.7 MHZ, LOCATED AT 2903 BENT OAK HIGHWAY, ADRIAN, Michigan, Defendant-Appellee, Rick Strawcutter, Claimant-Appellee. United States of America, Plaintiff-Appellee, v. Any And All Radio Station Transmission Equipment, Radio Frequency Power Amplifiers, Radio Frequency Test Equipment And Any Other Equipment Associated With Or Used In Connection With The Radio Transmissions On Frequency 95.9 MHZ, Located At 3968 West Vernor Highway, Detroit, Michigan 48216, Defendant-Appellant, Maquina Musical, Incorporated, Claimant-Appellant, Juan V. Marinez, Catalina Martinez, Ignacio Campos, Jorge Canchola, Sergio Vallejo, Intervenors-Counterplaintiffs-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 25, 2000

Attorney(s) appearing for the Case

Jacob M. Lewis (argued and briefed), Robert S. Greenspan (briefed), U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION, APPELLATE STAFF, Washington, D.C., for United States of America.

Patrick M. Edwards (argued and briefed), CONSTITUTIONAL LITIGATION ASSOCIATION, Detroit, Michigan, for Claimants.

Kevin S. Ernst (briefed), Detroit, Michigan, Katharine M. Omansiek (briefed), Detroit, Michigan, for Appellants.

Before: JONES, COLE, and GILMAN, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

The principal question presented by these consolidated appeals is whether, under the doctrine of primary jurisdiction, district courts may decline to adjudicate in rem forfeiture actions brought by the United States against persons who operate radio stations without licenses. For the reasons set forth below, we conclude that the answer is no. We therefore REVERSE the judgment of the district court in...

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