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U.S. v. $84,740.00 U.S. CURRENCY

No. 86-6233.

900 F.2d 1402 (1990)

UNITED STATES of America, Plaintiff/Appellee, v. $84,740.00 U.S. CURRENCY, Defendant. Appeal of Doris POTTER, Administrator of Estate of Edwin Potter, Deceased, Claimant.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1990.

Attorney(s) appearing for the Case

Felicia C. Curran and Bernard Knapp, Law Offices of Jerrold M. Ladar, San Francisco, Cal., for claimant-appellant.

Roger E. West, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff/appellee.

Before WALLACE and FLETCHER, Circuit Judges, and MUECKE, District Judge.

OPINION

MUECKE, Senior District Judge:

This is an appeal from the district court's denial of motion to set aside default judgment under Fed.R.Civ.P. 60(b)(5) and (6). The district court ruled that it lacked jurisdiction to set aside a default judgment because the government had transferred the money to the United States Treasury.

I. BACKGROUND

The government indicted Edwin Potter for a violation of the Drug Abuse Control Act, 21 U.S.C....

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