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U.S. v. REAL PROPERTY LOCATED AT 2323 CHARMS ROAD

Nos. 90-1655, 90-2001.

946 F.2d 437 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. REAL PROPERTY LOCATED AT 2323 CHARMS ROAD, MILFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN; Personal Property — One 1977 Twin Engine Beech Aircraft, Registration Number N58EM; Personal Property — Miscellaneous Items of Personal Property Located at 2323 Charms Road; Currency $517.00, Defendants, David Gershon, Claimant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1991.

Rehearing and Rehearing Denied October 28, 1991.

Attorney(s) appearing for the Case

Jennifer J. Peregord, Office of U.S. Atty., Detroit, Mich. (argued and briefed), for plaintiff-appellant U.S.

James W. Burdick, Hertz, Schram & Saretzky, Bloomfield Hills, Mich. (argued and briefed), for appellee David Gershon.

Before MERRITT, Chief Judge, and NORRIS and SUHRHEINRICH, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 28, 1991.

SUHRHEINRICH, Circuit Judge.

This is a consolidated appeal by the government from two orders of the district court in an unsuccessful civil forfeiture proceeding brought against a twin engine Beech aircraft owned by claimant David Gershon ("Gershon").1 The first order awarded Gershon expenses and attorneys' fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S...

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