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STATE EX REL. THORNBURG v. $52,029.00

No. 7PA88.

378 S.E.2d 1 (1989)

324 N.C. 276

The STATE of North Carolina, ex rel. Lacy H. THORNBURG, Attorney General v. CURRENCY IN THE AMOUNT OF $52,029.00 IN U.S. CURRENCY; One (1) 1976 Four Door Cadillac Seville automobile, Vehicle Identification Number 6S69R6Q498436; One (1) Smith & Wesson 44 Magnum Pistol, Model 29-3, Serial Number LB5425; and One (1) Action Arms UZI Type Assault Gun, Serial Number SA40430.

Supreme Court of North Carolina.

April 5, 1989.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Jean A. Benoy, Sr. Deputy Atty. Gen., and Charles M. Hensey, Sp. Deputy Atty. Gen., Raleigh, for the State-appellant.

Ridge & Associates by Paul H. Ridge and David K. Holley, Graham, for intervenor-appellee Alamance County Bd. of Educ.

Allen & Walker by Louis C. Allen, Jr., Burlington, for intervenor-appellee Burlington City Bd. of Educ.

Lacy H. Thornburg, Atty. Gen. by Harold M. White, Jr., Associate Atty. Gen., Office of Sp. Litigation, Raleigh, amicus curiae.

MEYER, Justice.

In this case, we consider whether the criminal forfeiture provisions of the Controlled Substances Act take precedence over the civil forfeiture provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) where the possessor of the items seized and subject to forfeiture has been validly indicted and awaits criminal trial under the Controlled Substances Act. Limiting our decision to the specific...

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