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U.S. v. ONE PARCEL PROPERTY

No. 94-6643.

74 F.3d 1165 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. ONE PARCEL PROPERTY LOCATED AT 427 AND 429 HALL STREET, MONTGOMERY, MONTGOMERY COUNTY, ALABAMA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON a/k/a G & G Grocery, Defendant, George Thomas Jenkins, Claimant-Appellant, Fleet Finance, Inc., Claimant.

United States Court of Appeals, Eleventh Circuit.

February 14, 1996.

Attorney(s) appearing for the Case

Jeffery C. Duffey, Charles M. Law, Montgomery, AL, Scott J. Humphrey, Birmingham, AL, for appellant.

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

Before TJOFLAT, Chief Judge, CARNES, Circuit Judge, and JOHNSON, Senior Circuit Judge.

TJOFLAT, Chief Judge.

I.

The defendant in this in rem proceeding is a parcel of real property located on Hall Street in Montgomery, Alabama. It is about 500 feet from the outdoor basketball courts of Houston Hills Junior High School and one fifth of a mile from the front door of the school itself. The entire property, which is valued at approximately $65,000, is owned by George Jenkins. There is one building on the property. In 1991, Jenkins ran a...

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