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U.S. v. REAL PROP. KNOWN & NO. AS 429 S. MAIN STREET

No. 94-3048.

52 F.3d 1416 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY KNOWN AND NUMBERED AS 429 SOUTH MAIN STREET, NEW LEXINGTON, OHIO, Defendant, William G. Swallow, Claimant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 9, 1995.

Rehearing and Suggestion for Rehearing Denied July 25, 1995.

Attorney(s) appearing for the Case

Marcia J. Harris, Office of the U.S. Atty., Columbus, OH (briefed), for the United States.

Randy L. Happeney (briefed), Dagger, Johnston, Miller, Ogilvie & Hampson, Lancaster, OH, for William G. Swallow.

Before: GUY, BOGGS, and SILER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 25, 1995.

BOGGS, J., delivered the opinion of the court, in which SILER, J., joined. GUY, J. (pp. 1422-1424), delivered a separate opinion concurring in part and dissenting in part.

BOGGS, Circuit Judge.

William Swallow appeals the district court's granting of the government's motion for summary judgment on its civil asset forfeiture complaint pursuant to 21 U.S.C. § 881(a)(7). We affirm...

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