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U.S. v. ONE SINGLE FAMILY RESIDENCE LOCATED AT 6960 MIRAFLORES AVENUE

No. 90-5295.

995 F.2d 1558 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. ONE SINGLE FAMILY RESIDENCE LOCATED AT 6960 MIRAFLORES AVENUE, etc., Defendant, Republic National Bank of Miami, Claimant-Appellant, Thule Holding Corp., Claimant.

United States Court of Appeals, Eleventh Circuit.

July 27, 1993.

Attorney(s) appearing for the Case

Stanley A. Beiley, Robert M. Sondak, Miami, FL, for claimant-appellant.

Dexter W. Lehtinen, U.S. Atty., Miami, FL, Alan Dagen, Asst. U.S. Atty., Ft. Lauderdale, FL, Anne M. Hayes, Asst. U.S. Atty., Miami, FL, Linda C. Hertz, Robert Rosenberg, Asst. U.S. Attys., Ft. Lauderdale, FL, for plaintiff-appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and DYER, Senior Circuit Judge.

DYER, Senior Circuit Judge:

In this action by the government for forfeiture of residential premises pursuant to 21 U.S.C. § 881(a)(7), the district court denied the innocent ownership claim of the mortgagee Republic National Bank. We conclude that an incorrect standard was applied to measure Republic's conduct and that the court relied on clearly erroneous findings of fact. We reverse.

Statement of the Issue...

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