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U.S. v. FOUR PARCELS OF REAL PROPERTY

No. 89-7061.

941 F.2d 1428 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. FOUR PARCELS OF REAL PROPERTY IN GREENE AND TUSCALOOSA COUNTIES IN THE STATE OF ALABAMA, etc., J.C. Pate, Jr., Rita Pate, et al., Defendants. Donald K. Daniel, Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 29, 1991.

Attorney(s) appearing for the Case

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

John W. Kelly, Sikes & Kelly, Selma, Ala., for claimant-appellee.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges, and MORGAN, Senior Circuit Judge.

TJOFLAT, Chief Judge:

In this civil forfeiture case, the district court granted summary judgment to claimant Donald K. Daniel. A divided panel of this court affirmed. United States v. Four Parcels of Real Property in Greene & Tuscaloosa Counties, 893 F.2d 1245 (11th Cir.1990). We voted to rehear the case en banc and vacated the panel's decision. United States v. Four Parcels of Real Property in Greene & Tuscaloosa...

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