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UNITED STATES v. $18,505.10

No. 83-1564.

739 F.2d 354 (1984)

UNITED STATES of America, Appellee, v. EIGHTEEN THOUSAND FIVE HUNDRED AND FIVE DOLLARS, and TEN CENTS ($18,505.10); One White Gold Dinner Ring with 13 Diamonds; One White Gold Ring with 14 Diamonds; One Yellow Gold Rose Pendant with One Diamond; Two Yellow Gold Stud Earrings with One Diamond Each; 13 U.S. Savings Bonds — $25.00 Denomination; 4 Gun Cases; One Schwab Safe, Serial No. 58885; 4 Holsters; 2 Realistic CB Handy Talkie Radio; One Polaroid Camera; One Olympus 35mm Camera No. 15377; One Brown Camera Case Containing: One Vivitar Zoom Lens No. 2253-2110 and One Vivitar Automatic Tele-Converter; One Black Camera Case Containing: One XL 250 Movie Light and One GAF Movie Camera; 12 Foreign Coins and Two Tokens, Charles H. Gill, Jr., and Vera Gill, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 18, 1984.

Rehearing and Rehearing Denied August 16, 1984.

Attorney(s) appearing for the Case

Ellyn L. Sternfield, Wolff & Frankel, Clayton, Mo., for appellants.

Thomas E. Dittmeier, U.S. Atty., St. Louis, Mo., Susan Sleater, Atty., Appellate Staff, Civil Division, U.S. Dept. of Justice, Washington, D.C., for appellee.

Before ROSS and ARNOLD, Circuit Judges, and HARRIS, District Judge.

Rehearing and Rehearing En Banc Denied August 16, 1984.

ROSS, Circuit Judge.

This is an appeal by Charles and Vera Gill, Jr. from a judgment ordering forfeiture of certain property1 on the grounds that the items seized were used in violation of 21 U.S.C. § 881(a)(6) (Supp. IV 1980).2 The parties consented to trial before a United States magistrate3 and he held that...

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