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UNITED STATES v. ONE 1974 MERCURY COUGAR XR 7, ETC.

Civ. No. CV 75-737-WPG.

397 F.Supp. 1325 (1975)

UNITED STATES of America, Plaintiff, v. ONE 1974 MERCURY COUGAR XR 7, VIN: 4A93H586720, LICENSE NO. 220 LJE, its tools and appurtenances, Defendant, Prestina Edna Starks, Claimant.

United States District Court, C. D. California.

July 21, 1975.

Attorney(s) appearing for the Case

William D. Keller, U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief, Civ. Div., John E. Nordin, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff.

Alan Saltzman, Los Angeles, Cal., for defendant-claimant.

MEMORANDUM OF DECISION

WILLIAM P. GRAY, District Judge.

This is a forfeiture action brought by the United States against one 1974 Mercury Cougar, pursuant to 21 U.S.C. § 881, on the ground that the vehicle was used to transport heroin. For reasons hereinafter set forth, forfeiture will be denied and the automobile ordered restored to the claimant.

At the time of its seizure, on December 11, 1974, the defendant vehicle was in the possession of...

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