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UNITED STATES v. ONE 1977 LINCOLN MARK V, ETC.

Nos. 78 Civ. 316-CLB.

453 F.Supp. 1388 (1978)

UNITED STATES of America, Plaintiff, v. One 1977 LINCOLN MARK V, SERIAL NO. 7Y89A832686, Defendant.

United States District Court, S. D. N. Y.

July 28, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, by Peter R. Paden, Asst. U. S. Atty., New York City, for plaintiff.

Hermena Perlmutter, David Van Muraskin, Perlmutter & Muraskin, New York City, for defendant.

FINDINGS AND CONCLUSIONS

BRIEANT, District Judge.

This action was tried to the Court on June 29, 1978. The Government seized and seeks forfeiture, pursuant to § 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 881(a), of a Lincoln Mark V automobile, defendant in this in rem proceeding. That statute provides:

"The following shall be subject to forfeiture to the United States and no property right...

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