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UNITED STATES v. CURRENCY TOTALLING $48,318.08

No. 77-2513.

609 F.2d 210 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. CURRENCY TOTALLING $48,318.08, Defendant, Philip A. DeMassa, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 13, 1980.

Attorney(s) appearing for the Case

Philip A. DeMassa, pro se.

Stuart Lansing Smits, San Diego, Cal., for intervenor-appellant.

Arthur R. Amdur, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before SIMPSON, CHARLES CLARK and FRANK M. JOHNSON, Jr., Circuit Judges.

Rehearing and Rehearing En Banc Denied February 13, 1980.

CHARLES CLARK, Circuit Judge:

In this civil forfeiture proceeding, the district court denied an assignment claimant standing to sue because (1) the assignment was executed after the seizure of the res, (2) the assignment failed for lack of consideration, and (3) the form of the assignment did not comply with the Assignment of Claims Act, 31 U.S.C. § 203. We affirm the judgment, but on different...

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