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UNITED STATES v. TWO HUND. NINETY-FIVE IVORY CARV.

No. 81-3260.

726 F.2d 529 (1984)

UNITED STATES of America, Appellant, v. TWO HUNDRED NINETY-FIVE IVORY CARVINGS and Marvin Segal, Appellees.

United States Court of Appeals, Ninth Circuit.

Originally Decided October 6, 1982.

Decided February 22, 1984.

Attorney(s) appearing for the Case

David B. Smith, Dept. of Justice, Washington, D.C., Marie G. Creson, Asst. U.S. Atty., Seattle, Wash., for appellant.

Michael D. Hunsinger, Ronald G. Neubauer, Seattle, Wash., for appellees.

Before FARRIS and CANBY, Circuit Judges, and CURTIS District Judge.

CANBY, Circuit Judge:

Our previous decision in this civil forfeiture action is reported at 689 F.2d 850 (9th Cir.1982), where the facts are fully set forth. There we affirmed a summary judgment in favor of Segal on the ground that the government's delay in instituting judicial forfeiture proceedings violated due process. We relied substantially on the authority of United States v. Eight Thousand Eight Hundred Fifty Dollars,

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