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U.S. v. PARCEL OF REAL PROPERTY

No. 91-3159.

949 F.2d 73 (1991)

UNITED STATES of America, Appellant, v. PARCEL OF REAL PROPERTY KNOWN AS 1500 LINCOLN AVENUE Having Erected thereon a Building Containing Pentown Pharmacy, Pittsburgh, Pennsylvania, Including all Improvements, Fixtures and Appurtenances thereto, Defendant/Appellee, A. Leonard Bernstein and Linda M. Bernstein, Claimants/Appellees.

United States Court of Appeals, Third Circuit.

Decided November 7, 1991.

Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., U.S. Atty. and Constance M. Bowden, Asst. U.S. Atty., Pittsburgh, Pa., for appellant.

Charles F. Scarlata, Scarlata & Plastino, Pittsburgh, Pa., for appellees.

Before MANSMANN and ALITO, Circuit Judges, and NEALON, District Judge.

Submitted Under Third Circuit Rule 12(6), August 8, 1991.

OPINION OF THE COURT

ALITO, Circuit Judge:

The United States appeals from an order dismissing its complaint seeking civil forfeiture of property containing a pharmacy that was used for the illegal distribution of prescription drugs. The pharmacy was owned as a tenancy by the entireties by a husband, who was convicted for the illegal activities, and his wife, who did not know about or consent...

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