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U.S. v. ONE 1987 MERCEDES BENZ ROADSTER

No. 92-2116.

2 F.3d 241 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. ONE 1987 MERCEDES BENZ ROADSTER 560 SEC, VIN WDBBA48D3HA064462, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1993.

Attorney(s) appearing for the Case

Gillum Ferguson, Asst. U.S. Atty. (argued), Fred Foreman, U.S. Atty., Crim. Div., Chicago, IL, for plaintiff-appellant.

Peter A. Regulski, Onesto, Giglio, Meltreger & Associates, Chicago, IL (argued), for defendant-appellee.

Before COFFEY and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

The United States (the "government") appeals the district court's dismissal of a cocaine-related forfeiture complaint against a 1987 Mercedes Benz Roadster 560 (the "Mercedes"). The district court found that it lacked in rem jurisdiction over the Mercedes because federal authorities failed to obtain a turnover order from the state court, which had lawful authority to dispose of it. We have jurisdiction over the government's appeal...

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