U.S. v. 2,164 WATCHES, MORE OR LESS BEARING

No. 02-57014.

366 F.3d 767 (2004)

UNITED STATES of America, Plaintiff-Appellant, Able Time, Inc., Claimant-Appellee, v. 2,164 WATCHES, MORE OR LESS, BEARING A REGISTERED TRADEMARK OF GUESS?, INC.; 2,794 Watches, More or Less, Bearing a Registered Trademark of Tommy Hilfiger Licensing, Inc., Defendants.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2004.


Attorney(s) appearing for the Case

John E. Lee, Assistant United States Attorney, Los Angeles, CA, for the appellant.

Elon A. Pollack, Los Angeles, CA, for the appellee.

Before: REINHARDT, THOMPSON, and KIM WARDLAW, Circuit Judges.


THOMPSON, Senior Circuit Judge:

The United States appeals a judgment on the pleadings against it in this civil forfeiture case. The district court determined that it lacked subject matter jurisdiction because service of process had not been made "forthwith" as required by Supplemental Rule E(4)(a) for Certain Admiralty and Maritime Claims, and the government had not shown good cause for the delay.

We conclude that although service of process was not made ...

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