U.S. v. SOUTH HALF OF LOT 7 & LOT 8, BLOCK 14

No. 88-2212NE.

910 F.2d 488 (1990)

UNITED STATES of America, Appellant, v. The SOUTH HALF OF LOT 7 AND LOT 8, BLOCK 14, KOUNTZE'S 3RD ADDITION TO THE CITY OF OMAHA, etc., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1990.


Attorney(s) appearing for the Case

Steven A. Russell, Lincoln, Neb., for appellant.

James Martin Davis, Omaha, Neb., for appellees.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, and BEAM, Circuit Judges, En Banc.


FAGG, Circuit Judge.

Despite Congress's statement in 18 U.S.C. § 1955(d) (1988) that "[a]ny property, including money, used in [an illegal gambling business] may be seized and forfeited to the United States," the district court held "the words `any property' ... do not encompass real property" and dismissed the forfeiture actions brought by the government against thirteen parcels of real estate allegedly connected with illegal gambling operations. Because the...

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