U.S. v. ONE 1989 JEEP WAGONEER

No. 91-2764.

976 F.2d 1172 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1989 JEEP WAGONEER, V.I.N. 1J4GS5874KP105300, Defendant-Appellant, Ponderosa of Blue Earth County, Inc., doing business as Ponderosa Landfill, a Minnesota corporation, Claimant.

United States Court of Appeals, Eighth Circuit.

Decided October 9, 1992.


Attorney(s) appearing for the Case

David A. Singer, Minneapolis, Minn., argued (Michael Singer, on the brief), for defendant-appellant.

Mary Jo Madigan, Minneapolis, Minn., argued, for plaintiff-appellee.

Before MCMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Ponderosa of Blue Earth County, Inc., appeals from an order granting summary judgment in a forfeiture action against a Jeep Wagoneer it owned. The district court held that Ponderosa had failed to establish by a preponderance of the evidence that it was an innocent owner of the Jeep within the meaning of 21 U.S.C. § 881(a)(4)(C) (West Supp.1992), after the United States had established probable cause for the forfeiture, and accordingly...

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