U.S. v. PREMISES LOCATED AT HIGHWAY 13/5

Civ. A. No. 89-AR-5451-NW.

747 F.Supp. 641 (1990)

UNITED STATES of America, Plaintiff, v. PREMISES LOCATED AT HIGHWAY 13/5 PHIL CAMPBELL, ALABAMA (PARCEL 2), Premises Located at 207 West Washington St., Athens, Alabama (Parcel 4); Defendants, Rose Marie Sharpe and Leland Sharpe, Claimants to Parcel 2, Thomas Ray Smith and Andy Smith, Claimants to Parcel 4.

United States District Court, N.D. Alabama, Northwestern Division.

September 12, 1990.


Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., James D. Ingram, Asst. U.S. Atty., Birmingham, Ala., for U.S.

Charles N. Parnell, III, Judith Carmela D'Alessandro, Parnell Crum & Anderson, Montgomery, Ala., for Manufacturers Hanover Servicing, Inc.

Louie Lee Sims, Jr., Oliver & Sims, Alexander City, Ala., for Land, Phil Campbell, premises located at Highway 13/5 Phil Campbell, Ala.

William K. Hewlett, Hewlett Black & Marks, Tuscumbia, Ala., for Land, Tuscumbia, premises located at 2219 Woodmont Drive, Tuscumbia, Ala.

J. Stephen Salter, Birmingham, Ala., for Land, Athens, premises located at 207 West Washington Street, Athens, Ala.

Harvey B. Morris, Morris Smith Siniard Cloud & Fees P.C., Huntsville, Ala., J. Stephen Salter, Birmingham, Ala., for Thomas Ray and Andy Smith.

John E. Higginbotham, Higginbotham & Whitten, Florence, Ala., for Lyndon and Sandra Letson.

J. Paul Lowery, Montgomery, Ala., Louie Lee Sims, Jr., Oliver & Sims, Alexander City, Ala., for Leland and Rose Sharpe.

William K. Hewlett, Hewlett Black & Marks, Tuscumbia, Ala., for Robbie W. and Nancy Carol Johnson.

Gerald B. Hooper, Muscle Shoals, Ala., pro se.

Betty Jo Hooper, Muscle Shoals, Ala., pro se.

H. Thomas Heflin, Jr., Munsey Ford & Heflin, Tuscumbia, Ala., for Colonial Bank.


MEMORANDUM OPINION

ACKER, District Judge.

The history and posture of the above-entitled case as of March 12, 1990, is outlined in U.S. v. Premises Located at 207 W. Washington St., 732 F.Supp. 1128 (N.D. Ala.1990). There is no reason here to repeat what was said there. That opinion suffices as a background and starting point for this opinion.

Originally, the United States undertook to obtain the forfeiture...

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