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U.S. v. ONE 1984 MERCEDES BENZ MODEL NO. 380SE

No. 87-3109.

836 F.2d 268 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. ONE 1984 MERCEDES BENZ MODEL NO. 380SE VIN WDB1260321A011901, Defendant, Mary Ann Schneider, Party-in-Interest, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 8, 1988.

Order on Denial of Rehearing and Rehearing March 28, 1988.

Attorney(s) appearing for the Case

Michael Anne Johnson (argued), Asst. U.S. Atty., Cleveland, Ohio, Kathleen Bucholtz, Office of Regional Counsel, U.S. Customs Service, North Central Region, Chicago, Ill., for plaintiff-appellant.

Hilary S. Taylor, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Ohio, John J. Horrigan, Stephen D. Dunson, Connie M. Wymer, William H. Baughman, Jr. (argued), for party-in-interest, appellee.

Before MERRITT, KRUPANSKY and RYAN, Circuit Judges.

Order on Denial of Rehearing and Rehearing En Banc March 28, 1988.

MERRITT, Circuit Judge.

The government seeks forfeiture of a car for violation of the customs laws. A German citizen, Karsten Biebau, sold the car to Mary Ann Schneider. The purchaser, Schneider, seeks to avoid the forfeiture of the car, now in her hands, on the ground that she did not participate in the violation of the customs laws and was an innocent...

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