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U.S. v. $359,500 IN U.S. CURRENCY

No. 827, Docket 86-6237.

828 F.2d 930 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. $359,500 IN UNITED STATES CURRENCY, Defendant, Benedetto Romano, Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 8, 1987.

Attorney(s) appearing for the Case

Frank J. Clark, III, Asst. U.S. Atty., W.D.N.Y. (Roger P. Williams, U.S. Atty., W.D.N.Y., of counsel), for plaintiff-appellant.

Murray Appleman, New York City, for claimant-appellee.

Before FEINBERG, Chief Judge, and VAN GRAAFEILAND and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

The United States appeals from a judgment of the United States District Court for the Western District of New York, John T. Curtin, Chief Judge, which denied the government's petition seeking civil forfeiture of $359,500 in United States currency under 31 U.S.C. § 5317, and ordered that the currency be returned to the claimant, Benedetto Romano. The currency had been seized from Romano by United States customs officials...

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