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U.S. v. $22,640.00 IN UNITED STATES CURRENCY

No. 78-2079.

615 F.2d 356 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. $22,640.00 IN UNITED STATES CURRENCY, Defendant, James S. Bates and Dennis E. Hendrix, Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 11, 1980.

Attorney(s) appearing for the Case

Bates & Hendrix, Dennis E. Hendrix, Edinburg, Tex., for claimants-appellants.

Charles Lewis, Asst. U. S. Atty., Brownsville, Tex., for plaintiff-appellee.

Before COLEMAN, Chief Judge, and REAVLEY and ANDERSON, Circuit Judges.

COLEMAN, Chief Judge.

In this civil forfeiture proceeding the District Court granted a default judgment for the United States based upon failure of anyone to contest the Complaint of Forfeiture. Appellants filed a Motion to Vacate Order and Final Decree of Forfeiture. The District Court denied it on the ground that the client's failure to notify the lawyers of the pending Complaint of Forfeiture was not "excusable neglect" within the meaning of Rule 60(b)(1)

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