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U.S. v. CERTAIN REAL PROPERTY

No. 748, Docket 90-6197.

922 F.2d 129 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. CERTAIN REAL PROPERTY AND PREMISES, KNOWN AS 418 57TH STREET, BROOKLYN, NEW YORK, Defendant, and Harvey Lehrer and Helen Lehrer, Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 26, 1990.

Attorney(s) appearing for the Case

Charles S. Kleinberg, Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Annemarie P. McAvoy, Asst. U.S. Attys., New York City, of counsel), for plaintiff-appellee.

Joseph Frost, Frost & Berenholtz, New York City, for defendants-appellants.

Before KAUFMAN, NEWMAN and WINTER, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The civil drug forfeiture statute, 21 U.S.C. § 881(a)(7) (1988), was enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ("the Act"). Frustrated in its efforts to curtail the proliferation of illegal drug use in this country, Congress created a statute of enormous scope and potency. The law provides for an action in rem against any conveyance, currency...

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