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U.S. v. REAL PROPERTY

No. 91-CV-999.

820 F.Supp. 688 (1993)

UNITED STATES of America, Plaintiff, v. REAL PROPERTY: 835 SEVENTH STREET RENSSELAER, RENSSELAER COUNTY, NEW YORK, Defendant.

United States District Court, N.D. New York.

April 26, 1993.

Attorney(s) appearing for the Case

Gary L. Sharpe, U.S. Atty., N.D.N.Y., Office of U.S. Atty., Albany, NY (William C. Pericak, Asst. U.S. Atty., of counsel), for plaintiff.

Richard Habiniak, claimant pro se.

Hollie E. Bethmann, Albany, NY, for claimant Habiniak.

MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

Presently before the court is plaintiff's motion for summary judgment (Fed. R.Civ.P. 56) in the instant real property forfeiture action brought pursuant to the Comprehensive Drug Abuse Prevention and Control Act of 1970, § 511(a)(7), 21 U.S.C. § 881(a)(7). In opposition, claimant Richard Habiniak argues that the action is barred by both the Eighth Amendment's Cruel and Unusual Punishment Clause...

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