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UNITED STATES v. ONE 1945 DOUGLAS C-54, ETC.

No. 80-1371.

647 F.2d 864 (1981)

UNITED STATES of America, Appellee, v. ONE 1945 DOUGLAS C-54 (DC-4) AIRCRAFT, SERIAL NUMBER 22186 J. Michael Stumpff, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 11, 1981.

Rehearing and Rehearing Denied June 8, 1981.

Attorney(s) appearing for the Case

Philip F. Cardarella, argued, Katheryn Shields, Kansas City, Mo., for appellant-intervenor.

Ronald S. Reed, Jr., U. S. Atty., Kenneth Josephson, Asst. U. S. Atty., argued, Kansas City, Mo., for appellee.

Before LAY, Chief Judge, BENNETT, Court of Claims Judge, and HENLEY, Circuit Judge.

Rehearing and Rehearing En Banc Denied June 8, 1981.

HENLEY, Circuit Judge.

Appellee, United States of America, instituted forfeiture proceedings, pursuant to 21 U.S.C. § 881(a)(4), against One 1945 Douglas C-54 (DC-4) Aircraft, Serial Number 22186. Appellant, J. Michael Stumpff, was granted leave to intervene and challenge the forfeiture. Based on stipulations, affidavits and documentary evidence, each party moved for summary judgment. The district court...

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