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UNITED STATES v. ONE 1974 CADILLAC ELDORADO VIN

No. 863, Docket 78-6007.

575 F.2d 344 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1974 CADILLAC ELDORADO VIN: 6L47S40431975, Registered to Willie E. Farrow, Defendant-Appellant, v. Willie E. FARROW, as Owner of the Vehicle, Appellant.

United States Court of Appeals, Second Circuit.

Decided from the Bench April 20, 1978.

Opinion May 1, 1978.

Attorney(s) appearing for the Case

Hugh B. Scott, Asst. U. S. Atty. (Richard J. Arcara, U. S. Atty. for the Western District of New York, Buffalo, N. Y., on brief), for plaintiff-appellee.

Herbert L. Greenman, Buffalo, N. Y. (Di Pasquale, Pack, Hausbeck & Ball, Buffalo, N. Y., on brief), for appellant.

Before KAUFMAN, Chief Judge, and LUMBARD and SMITH, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the Western District of New York, Elfvin, J., which forfeited a 1974 Cadillac Eldorado under 21 U.S.C. § 881 and 49 U.S.C. §§ 781-788. There being no grounds for a finding of probable cause to believe that the subject vehicle had been used to carry or facilitate the sale of contraband, we reverse.

On May 26, 1976, Joseph Burns and Patricia Siracuse, agents of the Drug Enforcement Agency, prepared...

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