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U.S. v. CERTAIN FUNDS ON DEPOSIT

No. 1548, Docket 93-6025.

998 F.2d 129 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. CERTAIN FUNDS ON DEPOSIT IN SCUDDER TAX FREE INVESTMENT ACCOUNT # 2505103 and Certain Funds on Deposit in T. Rowe Price Tax Exempt Money Fund Account # 200413322-77, Defendants, Aaron A. Baer, sole owner of the dft "certain funds on deposit in Scudder tax free investment account No. 2505103" and sole owner of "certain funds on deposit in T. Rowe tax exempt money fund account No. 200413322-77", Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 14, 1993.

Attorney(s) appearing for the Case

Robert S. Fink, New York City (Kostelanetz Ritholz Tigue & Fink, Ross N. Herman, Catherine A. Duke, Caroline Rule, of counsel), for claimant-appellant.

Joseph D. McCann, Brooklyn, NY, Asst. U.S. Atty. for the E.D. of N.Y. (Mary Jo White, U.S. Atty. for the E.D. of N.Y., Robert L. Begleiter, Deborah B. Zwany, Asst. U.S. Attys., of counsel), for plaintiff-appellee.

Before: FEINBERG and NEWMAN, Circuit Judges, and KELLEHER, District Judge.

FEINBERG, Circuit Judge:

Claimant-appellant Aaron A. Baer appeals from an order entered in November 1992, in the United States District Court for the Eastern District of New York, Arthur D. Spatt, J., granting summary judgment to plaintiff-appellee United States of America, dismissing Baer's claims to the defendant-accounts and forfeiting those accounts to the United States. For the reasons stated below, we reverse and remand...

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