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U.S. v. PREMISES AND REAL PROPERTY

No. 1743, Docket 97-6006.

113 F.3d 310 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. THE PREMISES AND REAL PROPERTY WITH BUILDINGS, APPURTENANCE AND IMPROVEMENTS AT 500 DELAWARE STREET, TONAWANDA, NEW YORK. That is, all that tract or parcel of Land, Situate in the City of Tonawanda, County of Erie and State of New York, and more particularly described in a certain deed recorded in the Erie County Clerk's Office in Liber 9791 of deed at page 211. Defendant-Appellant, Edward Isenberg and Martin Isenberg, Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 29, 1997.

Attorney(s) appearing for the Case

Philip B. Abramowitz, Buffalo, NY (Brown & Kelly, LLP, of counsel), for Appellants.

Anne Van Graafeiland, Assistant U.S. Attorney, Rochester, NY (Patrick H. NeMoyer, U.S. Attorney, Western District of New York, of counsel), for Appellee.

Before: NEWMAN, Chief Judge, MINER and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

This is a civil in rem forfeiture action brought by the United States against premises and real property located at 500 Delaware Street, Tonawanda, New York, pursuant to 21 U.S.C. § 881. The district court granted summary judgment for the United States and ordered that the property be forfeited subject to a mortgage held by innocent mortgagees.

The premises were occupied by Martin Isenberg. The current owner of record is...

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