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UNITED STATES v. $47,980.00 IN CANADIAN CURRENCY

No. CA 81-3415.

689 F.2d 858 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. FORTY-SEVEN THOUSAND NINE HUNDRED EIGHTY DOLLARS ($47,980.00) IN CANADIAN CURRENCY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1982.

Attorney(s) appearing for the Case

David B. Smith, Washington, D. C., for plaintiff-appellant.

Scott W. Reed, Coeur d'Alene, Idaho, for defendant-appellee.

Before FARRIS and CANBY, Circuit Judges and CURTIS, District Judge.

CANBY, Circuit Judge:

On April 2, 1980, the government instituted this in rem action seeking forfeiture, under the provisions of 31 U.S.C. §§ 1101 and 1102, of $47,980 in Canadian currency seized by Customs. The Government appeals from the district court's order granting summary judgment to claimant, BSP Investment & Development, Ltd. (BSP), and ordering the government to return the currency. The district court decided, inter alia, that the 14...

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