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U.S. v. CAMPOS

Nos. 86-1798, 86-2011.

859 F.2d 1233 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Antonia CAMPOS, Jose Campos, Milk-O-Mat, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 5, 1988.

As Amended November 7, 1988.

Rehearing and Rehearing Denied December 2, 1988.

Attorney(s) appearing for the Case

Michael J. Rex argued, Birmingham, Mich., for defendants-appellants in No. 86-1798.

Mark L. Teicher (argued), Southfield, Mich., for defendants-appellants in No. 86-2011.

Gary M. Maveal, Asst. U.S. Atty. (argued), Detroit, Mich., for plaintiff-appellee in Nos. 86-1798, 86-2011.

Before JONES, WELLFORD and GUY, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 2, 1988.

WELLFORD, Circuit Judge.

These cases, consolidated for appeal, present the sole issue of whether unsecured creditors, under the circumstances of this case, may assert claims for reimbursement in property forfeited to the government pursuant to 21 U.S.C. § 853. In reviewing the district court's decision that Jose and Antonia Campos have not stated a recognizable claim under 21 U.S.C. § 853(n...

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