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U.S. v. MILBRAND

No. 1242, Docket 94-6254.

58 F.3d 841 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Marcia MILBRAND, Claimant-Appellant, and The Premises and Real Property with Buildings, Appurtenances and Improvements at 731 Gabbey Road, Pembroke, New York, that is, all that Tract or Parcel of Land, Situate in the Town of Pembroke, County of Genesee and State of New York, and more Particularly Described in a Certain Deed Recorded in the Genesee County Clerk's Office in Liber 524 of Deeds at Page 167, Defendant.

United States Court of Appeals, Second Circuit.

Decided June 21, 1995.

Attorney(s) appearing for the Case

James P. Kennedy, Jr., Asst. U.S. Atty., Buffalo, NY, (Patrick H. NeMoyer, U.S. Atty. for the W.D. of N.Y., Buffalo, NY, on the brief), for plaintiff-appellee.

Margot S. Bennett, Buffalo, NY, for claimant-appellant.

Before: OAKES, KEARSE and LEVAL, Circuit Judges.

KEARSE, Circuit Judge:

Claimant Marcia Milbrand ("Milbrand" or "claimant"), the owner of property located at 731 Gabbey Road, Pembroke, New York (the "property" or "farm"), appeals from a judgment entered in the United States District Court for the Western District of New York following a bench trial before Richard J. Arcara, Judge, ordering the forfeiture of the defendant property to the United States pursuant to 21 U.S.C. § 881(a)(7) (1988), as a result...

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