UNITED STATES v. CERTAIN REAL ESTATE PROPERTY

No. 85-8353-CIV.

612 F.Supp. 1492 (1985)

UNITED STATES of America, Plaintiff, v. CERTAIN REAL ESTATE PROPERTY LOCATED AT 4880 S.E. DIXIE HIGHWAY, etc., Defendants.

United States District Court, S.D. Florida, N.D.

July 3, 1985.


Attorney(s) appearing for the Case

J. Brian McCormick, Diana L.W. Fernandez, Sp. Attys., U.S. Dept. of Justice, Ft. Lauderdale Field Office, Ft. Lauderdale, Fla., for plaintiff.

Ronald B. Ravikoff, John J. Evans, G. Richard Strafer, Zuckerman, Spaeder, Taylor & Evans, Coral Gables, Fla., for defendant.


ORDER

GONZALEZ, District Judge.

The issue presented in this case is whether the Attorney General's seizure of real property pursuant to 21 U.S.C. § 881(b) and the Supplemental Rules for Certain Admiralty and Maritime Claims without a prior ex parte judicial determination that the property is subject to forfeiture violates the due process clause of the Fifth Amendment.

This court has jurisdiction of the matter pursuant to 28 U.S.C. §...

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