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STATE v. $15,518 IN U.S. CURRENCY

No. 89-226.

474 N.W.2d 659 (1991)

239 Neb. 100

STATE of Nebraska, Appellee, v. $15,518 IN U.S. CURRENCY, Appellee, Von O. EARY, interested party, Appellant.

Supreme Court of Nebraska.

September 20, 1991.

Attorney(s) appearing for the Case

Steven Lefler, Lefler & Flick, Omaha, for appellant.

Robert M. Spire, Atty. Gen., James H. Spears, and William L. Howland, Lincoln, for appellee State.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

FAHRNBRUCH, Justice.

In this in rem proceeding the appellant, Von O. Eary, has never claimed a recognized legal standing to challenge the forfeiture to the state of $15,518 seized pursuant to a search warrant in a drug raid of an Omaha motel room occupied by the appellant and his companion.

We affirm the order of the district court for Douglas County forfeiting the money to the state, not for the reasons stated by the trial court, but because Eary failed to...

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