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IN RE METMOR FINANCIAL, INC.

No. 86-3710.

819 F.2d 446 (1987)

In Re METMOR FINANCIAL, INC. (formerly known as Crossland Capital Corporation); Claimant. UNITED STATES of America, Plaintiff-Appellee, v. METMOR FINANCIAL, INC., (formerly known as Crossland Capital Corporation), Claimant-Appellant, and Twelve and Forty-Six Hundreths (12.46) Acres of Land Located In Dade County, Florida, known as the North 1/2 of the Southwest 1/4, Less the South 240 Feet Thereof, In Section 14, Township 56 South, Range 38 East Dade County, Florida, a/k/a 22800 S.W. 194th Avenue, Miami Florida, With All Improvements, Appurtenances, and Personal Property Contained Therein, Defendant. In re Bruce S. TAMLYN, Claimant.

United States Court of Appeals, Fourth Circuit.

Decided May 20, 1987.

Attorney(s) appearing for the Case

Jon R. Moss (Frederick T. Jelin, Berger, Kahn, Shafton & Moss, Marina Del Rey, Cal., on brief), for claimant-appellant.

John Berkley Grimball, II, Asst. U.S. Atty. (Vinton D. Lide, U.S. Atty., Columbia, S.C., on brief), for plaintiff-appellee.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

In this case of first impression, Metmor Financial, Inc. (Metmor), an innocent lienor, challenges a district court forfeiture order rendered pursuant to provisions of the Comprehensive Drug Abuse Prevention and Control Act, 21 U.S.C. § 881 (1978). In accordance with the Act, Metmor's rights as an innocent lienor were recognized by providing that the property be forfeited to the government subject to Metmor's lien. However, the...

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