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U.S. v. PARCEL OF LAND & RESIDENCE AT 28 EMERY ST.

Nos. 90-1090, 90-1172.

914 F.2d 1 (1990)

UNITED STATES of America, Plaintiff, Appellee, v. PARCEL OF LAND AND RESIDENCE AT 28 EMERY STREET, MERRIMAC, MASSACHUSETTS, Defendant, Appellee (Two Cases). Appeal of Donald A. McLAINE, Claimant. Appeal of Catherine McLAINE, Claimant.

United States Court of Appeals, First Circuit.

Decided September 6, 1990.

Attorney(s) appearing for the Case

Judith H. Mizner, Newburyport, Mass., with whom Ronald F. Spagnoli, Lynn, Mass., was on brief, for appellants.

Wayne A. Budd, U.S. Atty., with whom Jeffrey S. Robbins, Sp. Asst. U.S. Atty., Boston, Mass., was on brief, for plaintiff, appellee, U.S.

Before SELYA and SOUTER, Circuit Judges, and BOWNES, Senior Circuit Judge.

BOWNES, Senior Circuit Judge.

Donald A. McLaine and Catherine McLaine (the McLaines), the record owners of the property1 at 28 Emery Street, appeal from the granting of summary judgment in favor of the United States by the district court resulting in the civil forfeiture of their home. The McLaines argue that evidence was seized from their home without probable cause in violation of the fourth amendment and should not have been considered...

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