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U.S. v. 2204 BARBARA LANE

No. 91-8639.

960 F.2d 126 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. 2204 BARBARA LANE, All that Tract or Parcel of Land, Together with all Buildings and Appurtances Thereon, Commonly Known as 2204 Barbara Lane, Decatur, Dekalb County, Georgia, 4089 Depauw Way, All that Tract or Parcel of Land, Together with all Buildings and Appurtances Thereon, Commonly Known as 4089 Depauw Way, Decatur, Dekalb County, Georgia, Defendants, Willie Roberts, Claimant-Appellant, Doris G. Parker, Claimant, Michael H. Aronson, M.D., Trustee-Claimant, Lomas Mortgage, USA, Inc., Claimant.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied June 15, 1992.

Attorney(s) appearing for the Case

Herbert Shafer, Office of Herbert Shafer, Atlanta, Ga., for claimant-appellant.

Joseph Andre Plummer, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before FAY and EDMONDSON, Circuit Judges, and ATKINS, Senior District Judge.

FAY, Circuit Judge.

This case involves Rule 36 of the Federal Rules of Civil Procedure. The issue before us is whether a district court may grant summary judgment in a civil forfeiture action based on unanswered requests for admissions despite the apparent nonfinal status of an underlying state criminal judgment. The basis for the civil forfeiture action is certain wiretap evidence that the state trial court found admissible but is now under state appellate review...

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