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U.S. v. ONE 1976 MERCEDES BENZ 280S

No. 79-1517.

618 F.2d 453 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1976 MERCEDES BENZ 280S, SERIAL NO. 11602012072193, Wisconsin License No. Q55-103, its tools and appurtenances, by its owner Larry R. Rogers, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 25, 1980.

Attorney(s) appearing for the Case

Robert E. Sutton, Milwaukee, Wis., for defendant-appellant.

James M. Fergal, Asst. U.S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before SPRECHER and CUDAHY, Circuit Judges, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

This case involves the forfeiture of a motor vehicle, a 1976 Mercedes-Benz 280-S, allegedly used in connection with the transportation of narcotics. The pertinent statute under which the Government proceeded is 21 U.S.C. 881, which provides (with inapplicable exceptions for common carriers and stolen vehicles) that:

(a) The following shall be subject to forfeiture to the United States and no property right shall exist in them...

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