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U.S. v. SIXTY (60) ACRES IN ETOWAH COUNTY, ALA.

Civ. A. No. 89-AR-0348-M.

727 F.Supp. 1414 (1990)

UNITED STATES of America, Plaintiff, v. SIXTY (60) ACRES, MORE OR LESS WITH IMPROVEMENTS, LOCATED IN ETOWAH COUNTY, ALABAMA, Defendant, Evelyn Charlene Ellis, Claimant.

United States District Court, N.D. Alabama, M.D.

January 5, 1990.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., Robert P. Barclift, Asst. U.S. Atty., Birmingham, Ala., for plaintiff.

Robert R. Black, pro hac vice, David Cromwell Johnson, Johnson & Cory, P.C., Birmingham, Ala., for defendant.

MEMORANDUM OPINION

ACKER, District Judge.

This is a forfeiture proceeding instituted by the United States pursuant to 21 U.S.C. § 881(a)(7) against sixty (60) acres owned by claimant, Evelyn Charlene Ellis. Initially, the parties demanded a trial by jury, but before a jury could be selected they both waived their right to jury trial, and the court proceeded to hear testimony and to receive written evidence at a bench trial.

The United States...

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