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U.S. v. PREMISES AND REAL PROPERTY AT 4492 S. LIVONIA RD., LIVONIA

No. 71, Docket 88-6040.

889 F.2d 1258 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. The PREMISES AND REAL PROPERTY AT 4492 SOUTH LIVONIA ROAD, LIVONIA, NEW YORK, That Is, All That Tract or Parcel of Land Situate in the Town of Livonia, Livingston County, State of New York, Lined and Being in Land Lot # 39 and Recorded in Liber 570 at Page 137 of the Livingston County Land Records, Defendant. Appeal of Peter SERAFINE, Owner of 4492 South Livonia Road, Livonia, New York, Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 17, 1989.

Attorney(s) appearing for the Case

Richard A. Rothman, New York City (Weil, Gotshal & Manges, Perry A. Carbone, Nancy S. Scherer, of counsel), for claimant-appellant.

Christopher V. Taffe, Rochester, Asst. U.S. Atty. for the W.D.N.Y. (Dennis C. Vacco, U.S. Atty. for the W.D.N.Y., of counsel), for plaintiff-appellee.

Before FEINBERG and NEWMAN, Circuit Judges, and DUMBAULD, District Judge.

FEINBERG, Circuit Judge:

This appeal raises substantial questions, some of first impression in this circuit, in connection with the government's use of 21 U.S.C. § 881(a)(7), which provides for civil forfeiture of real property. Foremost among the issues before us is whether the government may seize a person's home without first giving the homeowner an opportunity to be heard. Claimant-appellant Peter Serafine appeals...

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