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U.S. v. BORROMEO

No. 90-6423.

945 F.2d 750 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Lily BORROMEO, Claimant-Appellant, and Seven (7) Parcels of Real Property; Two (2) Automobiles; Undetermined Amount of United States Currency Contained in Several Bank Accounts, Stocks, Bonds, Securities and Other Negotiable Instruments and Various Items of Personal Property, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1991.

Attorney(s) appearing for the Case

John G. Hackney, Jr., Charleston, W.Va., argued, for claimant-appellant.

Stephen Michael Horn, Asst. U.S. Atty., Charleston, W.Va., argued (Michael W. Carey, U.S. Atty. and Thomas L. Stanley, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before HALL and WILKINSON, Circuit Judges, and KELLAM, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Lily Borromeo appeals the district court's order denying her motion to file a verified claim out of time, in this action brought by the United States for civil forfeiture of assets tainted by the drug distribution crimes of her estranged husband, Dr. Abel Borromeo. We reverse and remand.

I.

Appellant Lily Borromeo is the former wife of Dr. Abel Borromeo. The two were married in the Philippines in 1952,...

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