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STATE DEPT OF PUBLIC SAFETY v. $6,276

Nos. C3-91-568, C5-91-569.

478 N.W.2d 333 (1991)

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, CRIMINAL APPREHENSION DIVISION, Appellant, v. $6,276 IN UNITED STATES CURRENCY and Raymond Peter Whebbe, Respondents.

Court of Appeals of Minnesota.

Review Denied January 30, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., James B. Early, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Jeffrey B. Ring, Minneapolis, for respondents.

Considered and decided by SHORT, P.J., and RANDALL and LOMMEN, JJ.

OPINION

RANDALL, Judge.

In 1986, police seized currency allegedly used in illegal gambling by respondent Raymond Peter Whebbe. In 1987, respondent was convicted of gambling violations. The provision allowing forfeiture of gambling money mentions no statute of limitations. In 1990 the state filed a complaint against both the money and respondent in forfeiture and declaratory judgment actions. Concluding that a two year statute of limitations applied to the...

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