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STATE v. ONE 1974 GREEN TARGA PORSCHE AUTO.

No. 16185.

732 P.2d 670 (1986)

112 Idaho 432

STATE of Idaho, ex rel. John ROONEY, Director of the Department of Law Enforcement of the State of Idaho, Plaintiff-appellant, v. ONE 1974 GREEN TARGA PORSCHE AUTOMOBILE, VIN NUMBER 911411606, IDAHO LICENSE NUMBER 1A M231, Defendant-respondent, and First Security Bank of Idaho, N.A., Real party in interest-respondent.

Supreme Court of Idaho.

Rehearing Denied February 26, 1987.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., A. René Fitzpatrick, Deputy Atty. Gen., Boise, for plaintiff-appellant State of Idaho.

Michael L. Schindele, Boise, for real party in interest-respondent First Security Bank, N.A.

BAKES, Justice.

This is an appeal by the State of Idaho from a district court order upholding a lien held by First Security Bank (bank) in a Porsche automobile. The auto is the subject of a forfeiture action by the State of Idaho. The district court held that the bank had a valid and perfected lien and ordered the Porsche released to the bank. We reverse.

The parties stipulated to the following facts. The state and First Security Bank claim ownership of a...

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