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ST. LOUIS COUNTY ATTY'S OFFICE v. $24,643.01

No. C0-94-1076.

524 N.W.2d 542 (1994)

ST. LOUIS COUNTY ATTORNEY'S OFFICE, Appellant, v. TWENTY-FOUR THOUSAND SIX HUNDRED FORTY-THREE AND 01/100 DOLLARS ($24,643.01) IN VARIOUS DENOMINATIONS OF U.S. CURRENCY and Twenty-Four Video Poker Machines, Respondents.

Court of Appeals of Minnesota.

Review Denied February 14, 1995.

Attorney(s) appearing for the Case

Alan M. Mitchell, St. Louis County Atty., Malcolm B. Davy, Asst. County Atty., Duluth, for appellant.

Ronald I. Meshbesher, Jack S. Nordby, Minneapolis, for Robert F. Kervina and Kerr's Co., Inc.

Considered and decided by CRIPPEN, P.J., and SHORT and THOREEN, JJ.

OPINION

CRIPPEN, Judge.

Respondent Robert Kervina was convicted in federal court of federal gambling violations arising out of his operation of an illegal gambling business in Minnesota. The St. Louis County Attorney filed a complaint in state court seeking forfeiture of cash and video poker machines allegedly used in respondent's gambling business. The trial court granted respondent's motion for summary judgment on the ground that forfeiture under the governing...

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