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U.S. v. ONE GATES LEARJET SERIAL NO. 28004

No. 87-6212.

861 F.2d 868 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. ONE GATES LEARJET, SERIAL NO. 28004, etc., Defendants, Javier Cordero-Staufert and Proveedora de Servicios, S.A., Defendants-Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 19, 1988.

Attorney(s) appearing for the Case

Mark K. Glasser, Houston, Tex., for defendants-claimants-appellants.

Gerald M. Birnberg, John O'Neill, Houston, Tex., for One Gates Learjet.

Mikal Frey, Asst. U.S. Atty., and Henry K. Oncken, U.S. Atty., Houston, Tex., for the U.S.

Before CLARK, Chief Judge, GARZA and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Proveedora de Servicios, S.A. and Javier Cordero-Staufert, the record and beneficial owners, respectively, of one Gates Learjet, appeal the judgment ordering forfeiture of the aircraft to the United States. Finding an insufficient showing of probable cause to believe that the Learjet was used or intended to be used to facilitate the transportation, sale, receipt, possession, or concealment of cocaine in violation of the law of the United States...

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