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BOAS v. SMITH

Nos. 84-1107, 84-1560.

786 F.2d 605 (1986)

Peter D. BOAS, Appellee, v. William French SMITH, Attorney General, United States Department of Justice, Appellant. UNITED STATES of America, Appellant, v. ONE NOTE AS SECURED BY DEED OF TRUST; $20,000 United States Currency, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 27, 1986.

Attorney(s) appearing for the Case

James C. Savage and Larry D. Adams, Asst. U.S. Attys. (J. Frederick Motz, U.S. Atty., Arthur C. Ferguson, Asst. U.S. Atty., and Catherine C. Blake, U.S. Atty., Baltimore, Md., on brief), for appellant.

Marvin D. Miller, Alexandria, Va., for appellee Peter Boas.

John J. Privitera (Asbill, Junkin, Myers & Buffone, Chtd., Washington, D.C., on brief), for appellee Timothy Fuller.

Before PHILLIPS and SNEEDEN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

The government appeals the district court's grants of summary judgment for appellees Peter Boas, Timothy Fuller, and Janet McCoy in two proceedings in which the right of the government to the forfeiture of a promissory note, an automobile, and a sum of money allegedly used in a drug smuggling operation were drawn in issue.

We affirm the denial of forfeiture of the automobile...

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