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U.S. v. PREMISES LOCATED AT ROUTE 13

No. 90-7788.

946 F.2d 749 (1991)

UNITED STATES of America, Plaintiff-Appellant, Manufacturers Hanover Servicing, Inc., Plaintiff-Intervenor, v. PREMISES LOCATED AT ROUTE 13, Kilburn Beach, Florence, Alabama, et al., Defendants, Premises Located at Highway 13/5, Phil Campbell, Alabama; Premises Located at 207 West Washington Street, Athens, Alabama, Defendants-Appellees, Thomas Ray Smith, Andy Smith, Leland Sharp, Rose Sharp, Claimants-Appellees, Lyndon Letson, Sandra Letson, Robbie W. Johnson, Colonial Bank, Claimants.

United States Court of Appeals, Eleventh Circuit.

As Amended November 5, 1991.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., James D. Ingram, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellant U.S.

William Cater Elliott, Parnell, Crum & Anderson, P.A., Montgomery, Ala., for plaintiff-intervenor Manufacturers Hanover Servicing, Inc.

J. Stephen Salter, Kimberly R. West, Birmingham, Ala., for defendants, claimants-appellees, Land and Smith.

Before JOHNSON and EDMONDSON, Circuit Judges, and DYER, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This appeal involves a civil forfeiture proceeding under 18 U.S.C.A. § 1955(d). The Government, as part of a criminal investigation of alleged gambling activities by the appellees, seized certain real property allegedly used in an illegal gambling operation pursuant to section 1955. The case presents the question of whether the civil forfeiture procedure provided in section 1955 reaches real property. The district court held that it does...

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