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U.S. v. 1 PARCEL OF REAL PROPERTY, LOT 4, BLOCK 5 OF EATON ACRES

No. 89-35453.

904 F.2d 487 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. 1 PARCEL OF REAL PROPERTY, LOT 4, BLOCK 5 OF EATON ACRES, Defendant, and Joseph Apodaca, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 29, 1990.

Attorney(s) appearing for the Case

Lon N. Bryant, Samuel A. Hall, Jr., Wilsonville, Or., for claimant-appellant.

Craig J. Casey, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Before BROWNING, ALARCON and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge:

Joseph Apodaca appeals the district court's grant of summary judgment ordering the forfeiture of his home, which allegedly played a role in a drug offense. 712 F.Supp. 810. We consider whether Apodaca's sworn declaration that his home was not used in such a manner is sufficient to defeat a motion for summary judgment when the government has made a prima facie case for forfeiture.

I

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