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U.S. v. THIRTEEN (13) MACHINE GUNS & ONE (1) SILENCER

No. CA 81-5923.

726 F.2d 535 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. THIRTEEN (13) MACHINE GUNS AND ONE (1) SILENCER, and J. Curtis Earl, Real party in interest, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Originally Decided October 6, 1982.

Decided February 22, 1984.

Attorney(s) appearing for the Case

Paul A. Katz, Asst. U.S. Atty., Phoenix, Ariz., David B. Smith, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Murray Miller, Phoenix, Ariz., for defendants-appellants.

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 861 (9th Cir.1982), where the facts are fully set forth. There we reversed a summary judgment in favor of the government 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...

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