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U.S. v. 1980 LEAR JET, MODEL 35A SERIAL NO. 277

No. 92-16989.

38 F.3d 398 (1994)

UNITED STATES of America, Plaintiff-Counterdefendant-Appellee, v. 1980 LEAR JET, MODEL 35A, SERIAL NUMBER 277, Defendant, and Learjet, Inc., a Delaware corporation, Counterclaimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 31, 1994.

As Amended on Denial of Rehearing, October 14, 1994.

Attorney(s) appearing for the Case

Lawrence McDonough, Kimble, Gothreau & Nelson, Tucson, AZ, for counterclaimant-appellant.

Arthur G. Garcia, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-counterdefendant-appellee.

Before CHOY, REINHARDT, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge.

The holder of a mechanic's lien against property subject to forfeiture appeals from that portion of the district court's judgment denying costs, fees, and interest on the lien principal, arguing that the district court erred by concluding that an innocent lien-holder was not entitled to interest under federal forfeiture law. For the reasons which follow, we reverse and remand.

FACTS AND PRIOR PROCEEDINGS

On April 13, 1989, Aero...

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