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UNITED STATES v. ONE 1972 CHEVROLET NOVA

No. 77-1039.

560 F.2d 464 (1977)

UNITED STATES of America, Plaintiff, Appellant, v. ONE 1972 CHEVROLET NOVA, Vehicle I. D. No. 1X27D2W125901, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 3, 1977.

Attorney(s) appearing for the Case

William A. Brown, Asst. U.S. Atty., Chief, Civ. Div., Boston, Mass., with whom James N. Gabriel, U.S. Atty., Boston, Mass., was on brief, for plaintiff, appellant.

Constance V. Vecchione, Brockton, Mass., with whom William D. Crosby, P. C., Brockton, Mass., was on brief, for defendant, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, MARKEY, Chief Judge.

COFFIN, Chief Judge.

The United States here appeals from an order dismissing its action to have a 1972 Chevrolet Nova forfeited for having been used to transport 350 grams of hashish. The district court denied the government's claim because it believed that the government's failure to procure a warrant before seizing the automobile precluded the forfeiture. We reverse.

The basic facts are not disputed. On October...

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