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SCHWABENLAND v. U.S.

Civ. A. No. 91-3003.

842 F.Supp. 265 (1994)

James SCHWABENLAND, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. Texas, Houston Division.

January 24, 1994.

Attorney(s) appearing for the Case

Bruce Locke, Houston, TX, for plaintiff.

Susan Kempner, Asst. U.S. Atty., Houston, TX, for defendant.

MEMORANDUM

HUGHES, District Judge.

1. Introduction.

This forfeiture involves cash, found in a safe deposit box, that the government argues is proceeds from illegal gambling activity. James Schwabenland was convicted of promotion of gambling. Because the government has failed to demonstrate probable cause that the cash was related to the illegal activity, Schwabenland will get back his money.

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