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U.S. v. WINSTON-SALEM/FORSYTH COUNTY BD. OF EDUC.

No. 89-7664.

902 F.2d 267 (1990)

UNITED STATES of America; Winston-Salem Police Department, Plaintiffs-Appellees, v. WINSTON-SALEM/FORSYTH COUNTY BOARD OF EDUCATION, Defendant-Appellant, and Robert Alston, Jr., Defendant, Attorney General of North Carolina, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1990.

Attorney(s) appearing for the Case

Douglas S. Punger, Winston-Salem, N.C., for defendant-appellant.

Richard Lee Robertson, Asst. U.S. Atty., Greensboro, N.C., for plaintiffs-appellees.

Harold Mitchell White, Jr., Sp. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., for Amicus Curiae.

Robert H. Edmunds, Jr., U.S. Atty., Greensboro, N.C., Mary Claire McNaught, Public Safety Atty., Winston-Salem Police Dept., Winston-Salem, N.C., on the brief, for plaintiffs-appellees.

Lacy H. Thornburg, Atty. Gen., Raleigh, N.C., on the brief, for Amicus Curiae.

Before CHAPMAN and WILKINS, Circuit Judges, and WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINS, Circuit Judge:

The district court granted summary judgment for the United States and the Winston-Salem Police Department (Police Department) in an action in which they sought a declaration that the Police Department could retain an amount of money that had been forfeited pursuant to 21 U.S.C.A. § 881 (West 1981 & Supp.1990) and 19 U.S.C.A. § 1609 (West Supp.1990) and transferred from the United States Department of Justice to the Police Department...

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