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U.S. v. LAND IN MUSKOGEE

No. 95-7155.

74 F.3d 197 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. VARIOUS TRACTS OF LAND IN MUSKOGEE AND CHEROKEE COUNTIES, and Livestock, Farm Implements, Equipment, and Moneys, Defendants. Theron Norwood Hutching, Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 10, 1996.

Attorney(s) appearing for the Case

Mary M. Smith, Asst. U.S. Attorney, John W. Raley, Jr., U.S. Attorney, Office of the United States Attorney, Muskogee, OK, for U.S.

Theron Norwood Hutching, Webb City, MO, pro se.

Before TACHA and EBEL, Circuit Judges.

ORDER

We have before us appellant's motion for an injunction against the sale of forfeited property pending appeal. Upon consideration, the motion is denied.

Appellant raises a legal argument we have not previously addressed. 28 U.S.C. § 1355(c) states: "Upon motion of the appealing party, the district court or the court of appeals shall issue any order necessary to preserve the right of the appealing party to the full value of the property at issue...

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