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U.S. v. THREE PARCELS OF REAL PROPERTY

Nos. 93-2511, 93-4036.

43 F.3d 388 (1994)

UNITED STATES of America, Appellee, v. THREE PARCELS OF REAL PROPERTY, with all their buildings, appurtenances, and improvements, described as: Lots 5, 6, and 7, North Corder Place, a Subdivision in Kansas City, Jackson County, Missouri, except the North 10 Feet of Lot 5, according to the recorded plat thereof, also known as 2517 Benton Boulevard, Kansas City, Missouri, The North 20 Feet of Lot 90, and the South 20 Feet of Lot 91, Blue Hills, a Subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, also known as 6810 Paseo, Kansas City, Missouri, Lot 129 and Lot 130 Park Gate, a Subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, also known as 6436 Agnes, Kansas City, Missouri, United States Currency in the Amount of $8,990.00, Defendants. Samuel L. Dowdy, Appellant, Gilbert L. Dowdy; Federal National Mortgage Association, Claimants. UNITED STATES of America, Appellee, v. THREE PARCELS OF REAL PROPERTY, with all their buildings, appurtenances, and improvements, described as: Lots 5, 6, and 7, North Corder Place, a Subdivision in Kansas City, Jackson County, Missouri, except the North 10 Feet of Lot 5, according to the recorded plat thereof, also known as 2517 Benton Boulevard, Kansas City, Missouri, The North 20 Feet of Lot 90, and the South 20 Feet of Lot 91, Blue Hills, a Subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, also known as 6810 Paseo, Kansas City, Missouri, Lot 129 and Lot 130 Park Gate, a Subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, also known as 6436 Agnes, Kansas City, Missouri, United States Currency in the Amount of $8,990.00, Defendants. Samuel L. Dowdy, Claimant, Gilbert L. Dowdy, Appellant, Federal National Mortgage Association, Claimant.

United States Court of Appeals, Eighth Circuit.

Decided December 23, 1994.

Rehearing and Suggestion for Rehearing En Banc Denied March 24, 1995.

Attorney(s) appearing for the Case

Jamie K. Lansford, Kansas City, MO, argued, for appellant.

Kathryn Meyercough Geller, Kansas City, MO, argued (Marietta Parker and Frances Reddis, on the brief), for appellee.

Before WOLLMAN, MAGILL, and BEAM, Circuit Judges.

MAGILL, Circuit Judge.

Gilbert and Samuel Dowdy appeal from a grant of summary judgment to the government in this 21 U.S.C. § 881 forfeiture action, arguing that the district court1 erred in requiring strict compliance with Admiralty Rule C(6), that the preseizure hearing was inadequate to meet the requirements of due process, and several additional constitutional claims. Because we find that it is no abuse of discretion to require...

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