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U.S. v. 228 ACRES OF LAND AND DWELLING

No. 1358, Docket 90-6072.

916 F.2d 808 (1990)

UNITED STATES of America Drug Enforcement Agency, Plaintiff-Appellee, v. 228 ACRES OF LAND AND DWELLING LOCATED ON WHITES HILL ROAD IN CHESTER, VT., et al., Defendants, Saverio Moreno, Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 17, 1990.

Attorney(s) appearing for the Case

Christopher B. Baril, Rutland, Vt., Asst. U.S. Atty., D. Vt. (George J. Terwilliger, III, U.S. Atty., D. Vt., Helen M. Toor, Asst. U.S. Atty., of Counsel), for plaintiff-appellee.

Murray Appleman, New York City, for claimant-appellant.

Before OAKES, Chief Circuit Judge, PRATT, Circuit Judge, and LEVAL, District Judge for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

Claimant Saverio Moreno appeals from decrees of forfeiture granted by James S. Holden, Judge of the United States District Court for the District of Vermont, in two forfeiture actions, which were consolidated in the district court in anticipation of trial, and which are being heard as a single appeal. Moreno argues that the district court erred in denying his motion for summary judgment in the first action. He made no such motion...

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