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U.S. v. ONE PARCEL OF PROPERTY, LOCATED AT 755 FOREST ROAD, NORTHFORD, CONNECTICUT

No. 250, Docket 92-6109.

985 F.2d 70 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. ONE PARCEL OF PROPERTY, LOCATED AT 755 FOREST ROAD, NORTHFORD, CONNECTICUT, with all appurtenances and improvements thereon, Defendants. New Haven Savings Bank, Claimant. Sheila A. Franco, Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 3, 1993.

Attorney(s) appearing for the Case

Howard I. Gemeiner, New Haven, CT, for claimant-appellant.

H. Gordon Hall, Asst. U.S. Atty., New Haven, CT (Albert S. Dabrowski, U.S. Atty. for the D. of Connecticut, New Haven, CT, of counsel), for plaintiff-appellee.

Before VAN GRAAFEILAND, WINTER and MAHONEY, Circuit Judges.

WINTER, Circuit Judge:

Sheila A. Franco appeals from the granting of summary judgment forfeiting her residence at 755 Forest Road, Northford, Connecticut. The property had been seized pursuant to 21 U.S.C. § 881(a)(7) (1988) on the ground that it had been used to facilitate violations of federal narcotics law. Franco, the record owner of the residence, claims to qualify under Section 881(a)(7)'s exception for owners who lack knowledge of, or do not consent to...

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