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U.S. v. 141ST STREET CORP. BY HERSH

No. 1195, Docket 89-6268.

911 F.2d 870 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. 141ST STREET CORPORATION, by Mark HERSH, Managing Agent of the defendant in Rem, Appellant, All Right, Title and Interest in Real Property and Buildings Known as 617 West 141st Street, Defendant.

United States Court of Appeals, Second Circuit.

Decided August 17, 1990.

Attorney(s) appearing for the Case

Rosemary Carroll, New York City (Kliegerman & Friess, New York City, of counsel), for appellant.

Pamela L. Dempsey, Asst. U.S. Atty., Southern District of New York, New York City (Otto G. Obermaier, U.S. Atty., Paul K. Milmed, Marla Alhadeff, Asst. U.S. Attys., Southern District of New York, New York City, of counsel), for plaintiff-appellee.

Before TIMBERS, MESKILL and PIERCE, Circuit Judges.

MESKILL, Circuit Judge:

This appeal presents several questions, both constitutional and statutory, that arise from the forfeiture of an apartment building used to facilitate narcotics distribution. The government seized the building in question after obtaining a warrant through an ex parte application to a magistrate, and then instituted this civil forfeiture action under 21 U.S.C. § 881(a)(7).1 The forfeiture action was tried...

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