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UNITED STATES v. $84,000 U.S. CURRENCY

No. 82-1602.

717 F.2d 1090 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. $84,000 U.S. CURRENCY, Defendant, v. Donald HOLMES and Max Reyes, Claimants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 1983.

Attorney(s) appearing for the Case

Robert B. Creager, Barry, Anderson, Creager & Wittstruck, Lincoln, Neb., for intervenor.

Edward J. Moran, Asst. U.S. Atty., Dan K. Webb — U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before CUDAHY and COFFEY, Circuit Judges, and SWYGERT, Senior Circuit Judge.

COFFEY, Circuit Judge.

The government, as plaintiff, filed this civil action for the forfeiture of $84,000 in U.S. currency seized from the claimants pursuant to 21 U.S.C. § 881(a)(6). Donald Holmes and Max Reyes, as claimants, answered the government's forfeiture claim contesting the legality of the seizure of the currency and the applicability of the forfeiture statute. The district court held that 21 U.S.C. § 881(a)(6) was applicable and that the currency...

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