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U.S. v. 37.29 POUNDS OF SEMI-PRECIOUS STONES

Nos. 92-6337, 92-6338.

7 F.3d 480 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. 37.29 POUNDS OF SEMI-PRECIOUS STONES; 2.45 Pounds of Semi-Precious Stones (92-6337); and .26 Pounds of Semi-Precious Stones (92-6338), Defendants, Newport U.S.A., Inc., Claimant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 12, 1993.

Attorney(s) appearing for the Case

Robert E. Rawlins, Asst. U.S. Atty. (argued and briefed), Karen K. Caldwell, U.S. Atty., Lexington, KY, for U.S.

David C. Trimble (argued), Don A. Pisacano (briefed), Stites & Harbison, Lexington, KY, for Newport U.S.A., Inc.

Before: MILBURN and NELSON, Circuit Judges; and GILMORE, Senior District Judge.

MILBURN, Circuit Judge.

Claimant Newport U.S.A., Inc. appeals the district court's order striking Newport's claim for lack of standing to contest the forfeiture action brought by the United States against three lots of semi-precious gemstones. On appeal, the issues are (1) whether the Assignment of Claims Act, 31 U.S.C. § 3727, invalidates the assignment under which Newport claims an interest in these proceedings and,...

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