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U.S. v. ALL RIGHT, TITLE & INTEREST IN REAL PROPERTY & BLDG. KNOWN AS 303 WEST 116TH STREET, NEW YORK, N.Y.

No. 789, Docket 89-6168.

901 F.2d 288 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. ALL RIGHT, TITLE & INTEREST IN REAL PROPERTY & BUILDING KNOWN AS 303 WEST 116TH STREET, NEW YORK, NEW YORK, Defendant, Appeal of James KIMBROUGH, Claimant.

United States Court of Appeals, Second Circuit.

Decided April 17, 1990.

Attorney(s) appearing for the Case

James Kimbrough, Rome, N.Y., pro se.

Timothy MacFall, Sp. Asst. U.S. Atty., S.D.N.Y. (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Marla Alhadeff, Asst. U.S. Atty., S.D.N.Y., of counsel), for plaintiff-appellee.

Before TIMBERS, NEWMAN and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

The central question presented on this appeal is whether a civil forfeiture, pursuant to 21 U.S.C. § 881(a)(7) (1988), may be based on illicit narcotics activity which results in a state conviction. Claimant-appellant James Kimbrough appeals from a judgment, entered in the United States District Court for the Southern District of New York (Kevin T. Duffy, Judge), forfeiting all right, title and interest in real property and buildings...

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