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U.S. v. ONE TRACT OF REAL PROPERTY

Nos. 95-5612, 95-5664.

95 F.3d 422 (1996)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. ONE TRACT OF REAL PROPERTY TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS, APPURTENANCES, AND FIXTURES, thereon and thereto, situated in District Three of Monroe County, Tennessee, consisting of Lot 18 and Part of Lot 19, in what is known as Sherrill Heights Addition, with an Address of 266 Tonawanda Trail, known as the Residence of J.C. O'Dell, Defendant, Jackson C. O'Dell, Claimant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 10, 1996.

Attorney(s) appearing for the Case

Steven Hollingshead-Cook, Asst. U.S. Attorney (argued and briefed), Robert E. Simpson, D. Gregory Weddle, Asst. U.S. Attorneys, Office of the U.S. Attorney, Knoxville, TN, Carl K. Kirkpatrick, U.S. Attorney, Office of the U.S. Attorney, Chattanooga, TN, for the U.S.

Herbert S. Moncier (briefed), David S. Wigler (argued and briefed), Knoxville, TN, for Jackson C. O'Dell.

Ralph E. Harwell, Harwell, Baumgartner & Willis, Knoxville, TN, for Lois A. O'Dell.

Before: LIVELY, KENNEDY, and SILER, Circuit Judges.

KENNEDY, Circuit Judge.

The United States appeals an order of the District Court dismissing with prejudice this civil forfeiture action after the government had moved for voluntary dismissal without prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Claimant cross-appeals the District Court's same order which refused to compel the United States to grant claimant's request for admissions. We also consider on this appeal claimant's...

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