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U.S. v. ONE PARCEL OF REAL PROPERTY

No. 91-1019.

942 F.2d 74 (1991)

UNITED STATES of America, Plaintiff, Appellant, v. ONE PARCEL OF REAL PROPERTY WITH BUILDINGS, APPURTENANCES AND IMPROVEMENTS KNOWN AS 116 EMERSON STREET, LOCATED IN the CITY OF PROVIDENCE, RHODE ISLAND, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 21, 1991.

Attorney(s) appearing for the Case

Michael P. Iannotti, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief for plaintiff, appellant.

Vincent A. Indeglia, with whom Edward Romano, Providence, R.I., was on brief, for defendant, appellee.

Before CAMPBELL and TORRUELLA, Circuit Judges, and BOWNES, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

The government appeals from a civil forfeiture action, instituted against the defendant property pursuant to 21 U.S.C. § 881(a)(7), in which the owner of record's wife was granted a 50% interest in the property. The government contends that the wife's Rule 24(a)(2) motion to intervene was procedurally deficient, Fed.R.Civ.P. 24(a)(2) (intervention as a matter of right); that she did not demonstrate sufficient ownership rights in the...

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