U.S. v. REAL PROPERTY & RESIDENCE

No. 89-7194 Non-Argument Calendar.

920 F.2d 788 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY AND RESIDENCE LOCATED AT ROUTE 1, BOX 111, FIRETOWER ROAD, SEMMES, MOBILE COUNTY, ALABAMA, Defendant, Nell Loper Crabtree, Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 7, 1991.


Attorney(s) appearing for the Case

Robert F. Clark, Clark, Deen & Copeland, P.C., Mobile, Ala., for claimant-appellant.

J.B. Sessions, III, U.S. Atty., Gloria A. Bedwell, Asst. U.S. Atty., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and HILL, Senior Circuit Judge.


CLARK, Circuit Judge:

This case concerns first, whether the bond accompanying a claimant's complaint as required by the judicial forfeiture procedures of 21 C.F.R. § 1316.76 (1988) and 19 C.F.R. § 162.47 (1988) is a cost bond or a penal bond; and second, whether the government may obtain post judgment relief under F.R.C.P. 60(b) when it failed to request costs as part of the forfeiture judgment. Because we find that the relevant regulations and governing...

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