597 F.Supp. 531 (N.D.Ga. 1983), Civ. A. C82-2268, United States v. 1967 Mooney M20-F Aircraft, FAA # N9588M, Serial No. 670165

Docket Nº:Civ. A. C82-2268
Citation:597 F.Supp. 531
Party Name:United States v. 1967 Mooney M20-F Aircraft, FAA # N9588M, Serial No. 670165
Case Date:September 30, 1983
Court:United States District Courts, 11th Circuit, Northern District of Georgia
 
FREE EXCERPT

Page 531

597 F.Supp. 531 (N.D.Ga. 1983)

UNITED STATES of America, Plaintiff,

v.

1967 MOONEY M20-F AIRCRAFT, FAA #N9588M, SERIAL NO. 670165, Together with its Avionics, Apparel and Equipment, Defendant.

Civ. A. No. C82-2268A.

United States District Court, N.D. Georgia, Atlanta Division.

Sept. 30, 1983

Page 532

Barbara V. Tinsley, Asst. U.S. Atty., Atlanta, Ga., for plaintiff.

Thomas J. Casurella, Barnes & Browning, P.C., Marietta, Ga., for defendant.

ORDER

FORRESTER, District Judge.

This action is before the court on motion by the United States to have the answer of Clifford Doyle stricken because of his failure to file a claim to the defendant property. Rule C(6), Supplemental Rules of Certain Admiralty and Maritime Claims, Federal Rules of Civil Procedure, provides that a claimant is required to "file his claim within ten days after process has been executed, or within such additional time as may be allowed by the court, and shall serve his answer within twenty days after filing of the claim." Plaintiff shows that at the time Clifford Doyle filed his answer to the complaint of the United States against the defendant airplane, he had not filed in the district court his claim to the property. It is well established that the filing of such a claim is an essential element of standing to contest a forfeiture. See United States v. $364,960.00, 661 F.2d 319 (5th Cir. 1981). However, Clifford Doyle shows that he received a letter from the Drug Enforcement Administration informing him of the seizure of the defendant airplane. That letter said: "If you intend to place the matter in the United States District...

To continue reading

FREE SIGN UP