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PLUMBAGO MIN. CORP. v. SWEATT

444 A.2d 361 (1982)

PLUMBAGO MINING CORPORATION v. Dale SWEATT, et al. STATE of Maine v. Dale SWEATT and Carol Sweatt.

Supreme Judicial Court of Maine.

Decided April 21, 1982.

Attorney(s) appearing for the Case

Sewall, Mittel & Hefferan, Robert Edmond Mittel (orally), Portland, Mark G. Sullivan, Washington, D.C., for appellant Plumbago Min. Corp.

Arthur LaFrance (orally), Portland, Craig E. Turner, South Paris, for appellees Dale Sweatt, et al.

Before McKUSICK, C. J., GODFREY, NICHOLS, ROBERTS CARTER and VIOLETTE, JJ., and DUFRESNE, A.R.J.

VIOLETTE, Justice.

In these two appeals, this Court is presented with an issue of first impression: the appropriate disposition of property illegally seized from the defendants in a criminal prosecution (Dale and Carol Sweatt) which, in two pending civil actions, is claimed to have been stolen from its alleged rightful owner (Plumbago Mining Corporation). We hold that under the unique circumstances of these cases the Superior Court erred in ordering, on the authority...

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