U.S. v. ONE PARCEL OF REAL PROPERTY

No. 92-3081.

999 F.2d 1264 (1993)

UNITED STATES of America, Appellant, v. ONE PARCEL OF REAL PROPERTY, with Buildings, Appurtenances and Improvements, Included in the North 907.5 Feet of the Northeast Quarter (NE ¼) of Section Twenty-Eight (28), Township One Hundred Forty-Three (143), Range Eighty-Eight (88), Mercer County, North Dakota, Appellee, Roger Endreson, Myron D. Neuberger, and Debra J. Neuberger, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1993.

Rehearing and Suggestion for Rehearing Denied September 8, 1993.


Attorney(s) appearing for the Case

Lynn Jordheim, Fargo, N.D., argued (Stephen D. Easton, Vicki J. Aldridge, on the brief), for appellant.

Thomas Schoppert, Minot, N.D., argued, for appellee.

Before C. ARLEN BEAM, Circuit Judge, DONALD R. ROSS, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.


Rehearing and Suggestion for Rehearing En Banc Denied September 8, 1993.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The United States appeals the order of the district court dismissing with prejudice this forfeiture case against certain real property and a vehicle owned by Myron and Debra Neuberger. We reverse.

The Neubergers were defendants in a criminal case that charged violations of the Controlled Substances Act, and the United States claimed that...

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