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UNITED STATES v. SMITH

No. 80-2065.

659 F.2d 97 (1981)

UNITED STATES of America, Appellant, v. James Lee SMITH, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1981.

Attorney(s) appearing for the Case

Gottlieb, Feldman, Greenfield & Bergman, New York City, for appellee.

Judith A. Whetstine, Asst. U. S. Atty., N.D. Iowa, Cedar Rapids, Iowa, Dennis Ogden, argued, Law Student Intern, for appellant.

Before LAY, Chief Judge, and STEPHENSON and McMILLIAN, Circuit Judges.

STEPHENSON, Circuit Judge.

I. PREFACE

The United States government appeals the district court's1 order granting summary judgment to James L. Smith and ordering the government to return Smith's $25,000 to him. The money has been in the government's possession since undercover agents arrested Smith as he used the $25,000 in his attempt to purchase hashish from the agents. The government argues that the contract to purchase the...

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