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MATTER OF $67,470.00

No. 89-7682 Non-Argument Calendar.

901 F.2d 1540 (1990)

In re the Matter of SIXTY SEVEN THOUSAND FOUR HUNDRED SEVENTY DOLLARS ($67,470.00) and one (1) 1982 Audi, Vehicle Identification Number WAUH00434CN044604. Jimmy Glen AVERHART and Tommy Lee Averhart, Petitioners, v. UNITED STATES of America and Drug Enforcement Administration, U.S. Department of Justice, Respondents.

United States Court of Appeals, Eleventh Circuit.

May 23, 1990.

Attorney(s) appearing for the Case

James W. Parkman, III, Dothan, Ala., for petitioners.

William J. Snider, Drug Enforcement Admin., U.S. Dept. of Justice, Washington, D.C., John T. Harmon, Asst. U.S. Atty., Montgomery, Ala., for respondents.

Before KRAVITCH, HATCHETT and EDMONDSON, Circuit Judges.

KRAVITCH, Circuit Judge:

Petitioners Tommy Lee Averhart and Jimmy Averhart appeal the district court's dismissal with prejudice of their action to recover $67,470 in currency that was seized by the Drug Enforcement Administration (DEA) based upon probable cause to believe that the funds had been used in an unlawful narcotics transaction.1 The petitioners asserted that the seizure was unjustified

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