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UNITED STATES v. VARIOUS DENOMINATIONS OF CURRENCY

Civ. A. No. 80-2530.

628 F.Supp. 4 (1984)

UNITED STATES of America, Plaintiff v. VARIOUS DENOMINATIONS OF CURRENCY AND COIN TOTALING $4,280.45, Assorted Checks and Money Order Totaling $1,136.76, One Power Ski Machine Serial Number 601115, and the One-Story Masonry Structure Known as the "Sportsman," Located at 217 Tenth Street, Dunbar, West Virginia, its Fixtures, Contents and Real Property Upon Which it is Situated, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

October 5, 1984.

Attorney(s) appearing for the Case

Mary S. Feinberg, Asst. U.S. Atty., Charleston, W.Va., for plaintiff.

Frederick D. Fahrenz, Preiser & Wilson, Charleston, W.Va., for defendants.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the motion of Carl Junior Higginbotham, Julia Higginbotham and the Escape Restaurant Lounge, Inc., named as parties in interest in the complaint, to dismiss the complaint for forfeiture to the extent that it seeks forfeiture of real property.

I.

The government has sought to have the property forfeited pursuant to the provisions

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