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U.S. v. THREE TRACTS OF PROPERTY

No. 92-5833.

994 F.2d 287 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. THREE TRACTS OF PROPERTY LOCATED ON BEAVER CREEK, KNOTT COUNTY, KENTUCKY, with all Appurtenances and Improvements Thereon, in the Name of Donna Hall; One-Half Acre Located on Beaver Creek in Knott County, Kentucky, with all Appurtenances and Improvements Thereon, in the Names of Claude Hall, Jr., and Sandra Kay Hall; and $29,100.00 in United States Currency, Defendants, Claude Hall, Sr., Claude Hall, Jr., Sandra Kay Hall and Donna Hall, Claimants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 26, 1993.

Attorney(s) appearing for the Case

Karen K. Caldwell, U.S. Atty., Martin L. Hatfield (briefed), Marianna Jackson Clay, and Thomas Lee Gentry (argued), Asst. U.S. Attys., Office of the U.S. Atty., Lexington, KY, for plaintiff-appellee.

Ned B. Pillersdorf and James J. Barrett (argued and briefed), Pillersdorf, Derossett & Barrett, Prestonburg, KY, for appellants.

Before: RYAN and SUHRHEINRICH, Circuit Judges; and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

Claimants appeal the district court's grant of summary judgment for the government in this civil action for forfeiture of 51 acres of real property,1 for the forfeiture of a one-half acre tract, and for the forfeiture of $29,100 of U.S. currency. For the reasons which follow, we AFFIRM in part and REVERSE in part.

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