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U.S. v. SECTION 17 TP. 23 NORTH

No. 93-5270.

40 F.3d 320 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. SECTION 17 TOWNSHIP 23 NORTH, RANGE 22 EAST OF THE IBM, DELAWARE COUNTY, OKLAHOMA, containing 4.0 Acres, more or less, with all buildings, appurtenances and improvements thereon, Defendant, Homer PARMLEY and Elaine Parmley, Claimants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 8, 1994.

Attorney(s) appearing for the Case

Stephen C. Lewis, U.S. Atty., Catherine Depew Hart, Asst. U.S. Atty., Tulsa, OK, for plaintiff-appellee.

John David Echols and Bryan Lester Dupler of Echols & Dupler, Tulsa, OK, for claimants-appellants.

Before MOORE and ANDERSON, Circuit Judges, and BRIMMER, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

This is an appeal from a stay order entered in a civil forfeiture proceeding initiated under 21 U.S.C. § 881(a)(7).1 Appellants Homer and Mary Elaine Parmley challenge the district court's decision to stay the forfeiture proceedings pending adjudication of criminal charges filed against them in Oklahoma state court. The Parmleys were charged following a search of their property which allegedly revealed...

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