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U.S. v. CERTAIN REAL PROPERTY LOCATED AT ROUTE 1

No. 96-6696.

126 F.3d 1314 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. CERTAIN REAL PROPERTY LOCATED AT ROUTE 1, BRYANT, ALABAMA, together with all improvements, fixtures, and appurtenances thereto, et al., Defendants, Sharon Hamilton, Michael Keith Hamilton, Claimants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. VEHICLE ONE (1) 1989 CHEVROLET CAPRICE, VIN 1G1BU51E4KR176254, Alabama License No. 39APS-25, et al., Defendants, John Martin Lawman, Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 30, 1997.

Attorney(s) appearing for the Case

Roger C. Appell, Birmingham, AL, for Claimants-Appellants.

James D. Ingram, Asst. U.S. Atty., Caryl P. Privett, U.S. Attorney, Birmingham, AL, for Plaintiff-Appellee.

Before BIRCH and CARNES, Circuit Judges, and GODBOLD, Senior Circuit Judge.

BIRCH, Circuit Judge:

In this civil forfeiture case, the claimants ask us to set aside the district court's order striking their respective claims and entering default judgment as a sanction for discovery violations pursuant to Fed.R.Civ.P. 37(d) ("Rule 37(d)"). For the reasons that follow, we reverse the judgment of the district court and remand for proceedings consistent with this opinion.

I. BACKGROUND

This case has a lengthy and complex procedural...

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