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U.S. v. REAL PROPERTY LOCATED AT 2471 VENUS DRIVE

No. 90-6212.

949 F.2d 374 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY LOCATED AT 2471 VENUS DRIVE, LOS ANGELES, CALIFORNIA, Defendant. Patricia Williams, Claimant, Great Western Financial Services, a division of Great Western Bank, Claimant-Appellant, and Martha W. Gardner, Petitioner-Appellant.

United States Court of Appeals, Tenth Circuit.

November 19, 1991.

Attorney(s) appearing for the Case

Joseph K. Heselton, Jr. of Phillips, McFall, McCaffrey, McVay, Sheets & Lovelace, P.C. (Robert N. Sheets of Pillips, McFall, McCaffrey, McVay, Sheets & Lovelace, P.C., and E. Elaine Schuster, assisting with the briefs), Oklahoma City, Okl., for claimant-appellant.

William Lee Borden, Jr., (Timothy D. Leonard, U.S. Atty., assisting with the brief), Asst. U.S. Atty., Oklahoma City, Okl., for plaintiff-appellee.

Before ANDERSON, BALDOCK and EBEL, Circuit Judges.

EBEL, Circuit Judge.

The issue we decide is whether an innocent lienholder has the right to recover attorney's fees expended protecting its lien in a forfeiture action prosecuted by the United States against the property owner under 21 U.S.C. § 881(a)(7). According to that statutory provision, real property used to facilitate the commission of a drug offense is subject to forfeiture. We hold that where a pre-existing deed of trust gives a lienholder the right...

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