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U.S. v. ONE 1976 LINCOLN CONTINENTAL MARK IV

Civ. A. No. 83-2391.

578 F.Supp. 402 (1984)

UNITED STATES of America, Plaintiff, v. ONE 1976 LINCOLN CONTINENTAL MARK IV, VEHICLE IDENTIFICATION NUMBER 6Y89A900836, Defendant, and William R. Picozzi, Party in Interest.

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

February 8, 1984.

Attorney(s) appearing for the Case

Larry R. Ellis, Asst. U.S. Atty., Charleston, W.V., for plaintiff.

J. Stephen Max, Charleston, W.V., for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

In this action,1 the Government is seeking the forfeiture of a 1976 Lincoln Continental Mark IV, which is owned by William R. Picozzi, on two grounds. First, the Government alleges that the vehicle is forfeited to the United States, pursuant to 49 U.S.C. § 782,2 inasmuch as Picozzi's son used it to transport cocaine, a controlled substance,

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