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UNITED STATES v. $47,875.00 IN U.S. CURRENCY

No. 83-1431.

746 F.2d 291 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. $47,875.00 IN UNITED STATES CURRENCY, Defendant, Wardell A. Lucas and Maggie J. (Jo) Lucas, Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 14, 1984.

Attorney(s) appearing for the Case

Frank D. McCown, Fort Worth, Tex., for claimants-appellants.

Edward C. Prado, U.S. Atty., Jack B. Moynihan, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before JOHNSON, JOLLY, and DAVIS, Circuit Judges.

JOHNSON, Circuit Judge:

This is an appeal from a judgment of forfeiture, pursuant to 21 U.S.C. § 881(a)(6), of $47,875 in United States currency. Claimants, Wardell A. and Maggie J. Lucas, contend that they are the innocent owners of $32,500 of the forfeited money and that the district court erred in imposing an affirmative duty upon them to prevent the proscribed use of their money.1 We...

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