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U.S. v. MICHELLE'S LOUNGE

No. 92-3235.

39 F.3d 684 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. MICHELLE'S LOUNGE, 14199 S. Cicero, Crestwood, Illinois, Auto Abbey, 15244 South Broadway, Harvey, Illinois, 15240 South Broadway, Harvey, Illinois, et al., Defendants. Appeal of Biagio J. MESSINO, Clement Messino, Pamela Messino, et al., Claimants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 27, 1994.

Attorney(s) appearing for the Case

Elizabeth M. Landes, Asst. U.S. Atty., Crim. Div., Chicago, IL (argued), for the U.S.

Joseph P. Storto, Bensenville, IL, E.E. Edwards, III (argued), Edwards & Simmons, Nashville, TN, for Biagio J. Messino, Clement Messino, Pamela Messino, Blaise Messino, Paul Messino, Chris B. Messino, Joseph Salamone, Ted Borowski, B & C Auto Repair, James Simmons, Oak Classic Auto, Mark I Auto.

Joseph P. Storto, Bensenville, IL, E.E. Edwards, III, Edwards & Simmons, Nashville, TN, Fiona M. DiIorio, Bensenville, IL, for Katherine Schultz, Maribeth Messino, Joseph Messino, Sheri Penciak.

Before CUDAHY, ESCHBACH and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

On September 12, 1991, the United States filed under seal an in rem complaint pursuant to 21 U.S.C. §§ 881(a)(5), (a)(6) and (a)(7), seeking forfeiture of personal property and seven parcels of real estate. The complaint alleged that Clement Messino was a cocaine dealer and had acquired extensive assets with the proceeds of his drug dealing. The real property included Messino's auto shop and garage (the Auto Abbey), which the...

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