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CARITHERS v. DISTRICT OF COLUMBIA

No. 8026.

326 A.2d 798 (1974)

William B. CARITHERS ($1,783.00 in United States Currency), Appellant, v. DISTRICT OF COLUMBIA, a municipal corporation, Appellee.

District of Columbia Court of Appeals.

Decided October 8, 1974.

Attorney(s) appearing for the Case

Samuel Bogorad, Washington, D. C., for appellant.

David P. Sutton, Asst. Corp. Counsel, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellee.

Before FICKLING, GALLAGHER and NEBEKER, Associate Judges.

NEBEKER, Associate Judge:

The issue presented by the instant case is whether a claimant has a right to a jury trial when the District of Columbia, pursuant to D.C.Code 1973, § 22-1505(c),1 brings a libel action to forfeit seized currency allegedly used in an illegal gambling enterprise. Since the claimant-appellant asserted that the currency was neither used nor to be used for gambling purposes, we conclude that there is such a right...

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