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U.S. v. REAL PROPERTY LOCATED AT SECTION 18

Nos. 91-35121, 91-35158.

976 F.2d 515 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY LOCATED AT SECTION 18, TOWNSHIP 23, RANGE 9, SUNNYVIEW PLAT, LOTS 4 & 5, BLOCK 4, LAKEVIEW DR., QUINAULT LAKE, OLYMPIC NATIONAL PARK, GRAYS HARBOR COUNTY, WA, Improvements, Appurtenances, Fixtures, Attachments, and Easements, Defendant, and Diana Carlson, Claimant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY LOCATED AT SECTION 18, TOWNSHIP 23, RANGE 9, SUNNYVIEW PLAT, LOTS 4 & 5, BLOCK 4, LAKEVIEW DR., QUINAULT LAKE, OLYMPIC NATIONAL PARK, GRAYS HARBOR COUNTY, WA, Improvements, Appurtenances, Fixtures, Attachments, and Easements, Defendant, and Richard Lee Malmgren, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1992.

Attorney(s) appearing for the Case

Richard J. Troberman, Seattle, Wash., for appellant Carlson.

Joseph R. Cicero, Smith, Alling, Lane, Tacoma, Wash., for appellant Malmgren.

Richard E. Cohen, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before: PREGERSON, TROTT, and KLEINFELD, Circuit Judges.

PREGERSON, Circuit Judge:

This case involves an action by the government under 21 U.S.C. § 881(a)(7) for forfeiture of a tract of land and a mobile home which were used to commit and facilitate a violation of the Controlled Substances Act, 21 U.S.C. § 841. Diana Carlson, the owner of the land, and Richard Malmgren, the owner of the mobile home, timely filed separate claims contesting the forfeitures. Carlson's claim...

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