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U.S. v. ONE PARCEL OF PROPERTY

No. 91-2382SD.

964 F.2d 814 (1992)

UNITED STATES of America, Appellee, v. ONE PARCEL OF PROPERTY LOCATED AT 508 DEPOT STREET, GARRETSON, MINNEHAHA COUNTY, SOUTH DAKOTA, with all appurtenances and improvements thereon; HMET Mobile Home 1972 with Serial Number 0356509G, with appurtenances and improvements thereon, Defendants-Appellants, Richard Lyle Austin, Claimant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 20, 1992.

Rehearing and Rehearing Denied July 2, 1992.

Attorney(s) appearing for the Case

Richard L. Johnson, Sioux Falls, S.D., argued, for defendants-appellants.

Mary T. Wynne, Sioux Falls, S.D., argued, for appellee.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and LOKEN, Circuit Judge.

Rehearing and Rehearing En Banc Denied July 2, 1992.

FLOYD R. GIBSON, Senior Circuit Judge.

Richard Lyle Austin appeals the district court's1 order granting the government's motion for summary judgment in this civil forfeiture action. We affirm.

I. BACKGROUND

On June 13, 1990, Keith Engebretson met Austin at Austin's auto body shop and agreed to purchase some cocaine. After reaching an agreement with Engebretson...

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