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U.S. v. ONE PARCEL OF REAL PROPERTY

No. 89-2168.

921 F.2d 370 (1990)

UNITED STATES of America, Plaintiff, Appellant, v. ONE PARCEL OF REAL PROPERTY, etc., Defendant. Humberto and Idacira Rua, Claimants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 20, 1990.

Attorney(s) appearing for the Case

Michael P. Iannotti, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief for the U.S.

Edward J. Romano with whom John F. Cicilline, Providence, R.I., was on brief, for defendant and claimants, appellees.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

CYR, Circuit Judge.

The United States appeals from a judgment dismissing its in rem civil forfeiture complaint for lack of particularity. As the dismissal was at least premature, we vacate the judgment and remand for further proceedings.

I.

BACKGROUND

The affidavit attached to the complaint for forfeiture contained the following allegations. Humberto and Idacira Rua ("claimants") entered into a written agreement to purchase a single...

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