U.S. v. ONE 1987 CADILLAC DEVILLE

Civ. A. No. 90-642-JLL.

774 F.Supp. 221 (1991)

UNITED STATES of America, Plaintiff, v. ONE 1987 CADILLAC DEVILLE, VIN 1G6CD5184H4348815, with All Appurtenances and Attachments Thereon, Defendant.

United States District Court, D. Delaware.

September 24, 1991.


Attorney(s) appearing for the Case

Patricia C. Hannigan, Asst. U.S. Atty., Wilmington, Del., for plaintiff.

Christopher J. Battaglia, Biggs & Battaglia, Wilmington, Del., for claimant, Harry Swiney.


OPINION

LATCHUM, Senior District Judge.

The United States has moved for summary judgment pursuant to Federal Rule 56 to dismiss the claimant's protest to the forfeiture of an automobile. (Docket Item ["D.I."] 24). The United States argues that the claimant is merely an unsecured creditor, whose interest is insufficient to give him standing. On the other hand, the claimant contends that he has a perfected purchase money security interest in the vehicle, which...

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