U.S. v. HOLY LAND FOUNDATION FOR RELIEF

No. 04-11282.

493 F.3d 469 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. HOLY LAND FOUNDATION FOR RELIEF AND DEVELOPMENT, etc.; et al., Defendants, David J. Strachman, in his capacity as administrator of the Estate of Yaron Ungar; Dvir Ungar; Yishai Ungar; Judith Ungar; Meir Ungar; Michal Cohen; Amichai Ungar; Dafna Ungar, Appellants.

United States Court of Appeals, Fifth Circuit.

July 18, 2007.


Attorney(s) appearing for the Case

Lewis Stanley Yelin, Vijay Shanker (argued), Douglas N. Letter, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for U.S.

David J. Strachman (argued), McIntre, Tate, Lynch & Holt, Providence, RI, pro se and Stephen Cass Weiland, Patton Boggs, Dallas, TX, for Appellants.

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and OWEN, Circuit Judges.


BENAVIDES and CARL E. STEWART, Circuit Judges:

We took this case en banc to reevaluate the panel's treatment of United States v. Thier, 801 F.2d 1463 (5th Cir.1986). Relying on Thier, which held that the notice and hearing requirements of FED.R.CIV.P. 65 applied to restraining orders issued under the criminal forfeiture statute, a panel of this Court vacated the district court's restraining order for noncompliance with...

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