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U.S. v. ONE PARCEL REAL PROP. DESCRIBED AS LOT 41

Nos. 94-3326, 94-3346, 94-3347, 94-3348, 94-3349.

128 F.3d 1386 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. ONE PARCEL OF REAL PROPERTY DESCRIBED AS LOT 41, BERRYHILL FARM ESTATES, etc., Defendant. Tommy Lee Dunmore, Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 29, 1997.

Attorney(s) appearing for the Case

Frances Reddis, Assistant United States Attorney (Jackie N. Williams, United States Attorney, with her on the brief), United States Attorney's Office, Kansas City, KS, for Plaintiff-Appellee.

Elizabeth A. Phelan of Holland & Hart, LLP, Denver, CO, (Carlos A. Samour, of Holland & Hart, LLP, Denver, CO, with her on the brief), for Claimant-Appellant.

Before ANDERSON, LUCERO and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Tommy Lee Dunmore appeals the district court's entry of summary judgment, forfeiting Dunmore's personal property to the United States pursuant to 21 U.S.C. § 881(a)(6). Dunmore contends the district court's grant of summary judgment is subject to reversal on any of the following grounds: (1) the forfeiture violated the Fifth Amendment's Double Jeopardy Clause; (2) the seizure of his real and personal property without...

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