U.S. v. TWO PARCELS OF REAL PROPERTY

No. 95-6267.

92 F.3d 1123 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. TWO PARCELS OF REAL PROPERTY LOCATED IN RUSSELL COUNTY, ALABAMA, and One Parcel of Real Property Located in Lee County, Alabama, with all Appurtenances and Improvements Thereon, and More Particularly Described Hereinafter, Defendant, Joseph Carl Brown, Naomi Matichka, James William Brown, Michael W. Brown, Carrie Mae Brown, Claimants-Appellants, and One Parcel of Real Property Located at Route 1, Box 650, Salem, Lee County, Alabama, with all Appurtenances and Improvements Thereon, Defendant, Carl Brown, Naomi Matichka, Claimants-Appellants, Terry Brown, et al., Claimants, and Four Parcels of Real Property Located in Russell County, Alabama, with all Appurtenances and Improvements Thereon, Defendant, Angela Brown, et al., Claimants, Michael Brown, Joseph Carr Brown, Carrie Mae Brown, Claimants-Appellants, and One Parcel of Real Property Described as Lot 9, Rite-Way Subdivision, Highway No. 12, Lee County, Alabama, with all Appurtenances and Improvements Thereon, Including a Mobile Home, Defendant, James William Brown, Carrie Mae Brown, Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 28, 1996.


Attorney(s) appearing for the Case

Donald F. Samuel, Garland, Samuel & Loeb, P.C., Atlanta, GA, for Joseph Carl Brown and Carrie Mae Brown.

John T. Harmon, Asst. U.S. Atty., Montgomery, AL, for appellee.

Before ANDERSON and COX, Circuit Judges, and RONEY, Senior Circuit Judge.


PER CURIAM:

On this appeal from a summary judgment of forfeiture of several pieces of property purchased with the proceeds of marijuana transactions or used for the production of marijuana, the claimants allege several errors:

1. The complaints should have been dismissed because the conclusory allegations did not comply with the strict pleading requirements in forfeiture cases.

2. The court failed to consider claimants' evidence which established an...

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