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UNITED STATES v. $45,940 IN UNITED STATES CURRENCY

No. 1329, Docket 84-6012.

739 F.2d 792 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. FORTY-FIVE THOUSAND NINE HUNDRED FORTY DOLLARS ($45,940) IN UNITED STATES CURRENCY (Terry C. McKay, Claimant), Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 11, 1984.

Attorney(s) appearing for the Case

Kenneth A. Cohen, Niagara Falls, N.Y. (Gellman, Cohen & Grasmick, Niagara Falls, N.Y., of counsel), for defendant-appellant Terry Claude McKay.

George A. Yanthis, Asst. U.S. Atty., N.D.N.Y., Albany, N.Y. (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Albany, N.Y., of counsel) for plaintiff-appellee United States.

Before OAKES and WINTER, Circuit Judges, and MISHLER, District Judge.

MISHLER, District Judge:

Terry E. McKay appeals from a judgment of the United States District Court for the Northern District of New York, Neal P. McCurn, J., granting the government's motion for judgment on the pleadings. The basis of Judge McCurn's decision is that Terry McKay is a fugitive from justice and is therefore disentitled to call upon the resources of the court for determination of his claims in the related civil forfeiture proceeding. For the reasons...

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