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UNITED STATES v. ONE REMINGTON 12 GAUGE SHOTGUN

No. 82-8546.

709 F.2d 1468 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. ONE REMINGTON 12 GAUGE SHOTGUN, SERIAL NO. 322336V, WITH A BARREL LENGTH OF 13 INCHES AND AN OVERALL LENGTH OF 24¾ INCHES, Defendant-Appellee, Marvin Clark Bell, Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 22, 1983.

Attorney(s) appearing for the Case

Barbara V. Tinsley, Stephen S. Cowen, Asst. U.S. Attys., Atlanta, Ga., Larry L. Nickell, ATF, Washington, D.C., for plaintiff-appellant.

David W. Porter, David A. Rabin, Atlanta, Ga., for defendant-appellee.

Before TJOFLAT, FAY and ANDERSON, Circuit Judges.

PER CURIAM:

This forfeiture action was brought by the United States pursuant to 26 U.S.C. § 5782. Claimant Bell moved for summary judgment as did the government. On January 19, 1982, the trial court entered an Order outlining the issues involved and its reasons for granting the summary judgment requested by Bell and denying that requested by the government. Judgment was duly entered on January 19, 1982.

On March 5, 1982, the government filed what it called...

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