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U.S. v. LAND AND BLDG. AT 2 BURDITT STREET

No. 90-1309.

924 F.2d 383 (1991)

UNITED STATES of America, Plaintiff, Appellee, v. LAND AND BUILDING AT 2 BURDITT STREET, EVERETT, MASSACHUSETTS, Defendant, Appellee, Appeal of David PASCARELLA, Claimant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 30, 1991.

Attorney(s) appearing for the Case

Frances L. Robinson, for claimant, appellant.

Christopher F. Bator, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief for plaintiff, appellee.

Before BREYER, Chief Judge, VAN GRAAFEILAND, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

VAN GRAAFEILAND, Circuit Judge.

David Pascarella appeals from a summary judgment of the United States District Court for the District of Massachusetts granting forfeiture to the government of Pascarella's house and lot on Burditt Street in Everett, Massachusetts. The forfeiture proceeding was brought pursuant to 21 U.S.C. § 881(a)(7), which makes subject to forfeiture "[a]ll real property ... which is used ... to facilitate the commission of a violation of [the...

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