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U.S. v. $5000.00 IN U.S. CURRENCY

No. 93-3851.

40 F.3d 846 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. $5,000 IN U.S. CURRENCY and $9,750 in U.S. Currency, Defendants, Robert Walker and Thomas Harris, Parties in Interest-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 23, 1994.

Attorney(s) appearing for the Case

Kathleen L. Midian, Asst. U.S. Atty. (argued and briefed), Cleveland, OH, for plaintiff-appellee.

Sanford I. Atkin (argued and briefed), Yelsky & Lonardo, Cleveland, OH, for appellants.

Before: MARTIN and SUHRHEINRICH, Circuit Judges; and JORDAN, District Judge.

MARTIN, J., delivered the opinion of the court, in which JORDAN, District Judge, joined. SUHRHEINRICH, J., concurred in the result only.

BOYCE F. MARTIN, Jr., Circuit Judge.

In this civil forfeiture action brought under 21 U.S.C. § 881(a)(6), claimants Robert Walker and Thomas Harris appeal the district court's grant of summary judgment in favor of the United States. For the following reasons, we reverse.

I

On May 8, 1992, a Continental...

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