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U.S. v. REAL PROPERTY KNOWN AS 22249 DOLOROSA ST.

Nos. 97-55642, 97-55650.

167 F.3d 509 (1999)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. REAL PROPERTY KNOWN AS 22249 DOLOROSA STREET, WOODLAND HILLS, CALIFORNIA; One 1991 Ford F-150 Pickup, VIN # 1FTEX15H8MKA04524; One 1990 Porsche Carrera, VIN # WPOCB2966LS471363; $179,690.00 In U.S. Currency; $175,000.00 In U.S. Currency; $4,126.00 In U.S. Currency; $4,072.00 In U.S. Currency; $2,640.00 In U.S. Currency, Defendants, and James Hopkins; Gloria B. Lowndes; Gary Lowndes, Claimants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 3, 1999.

Attorney(s) appearing for the Case

Paul L. Gabbert, Santa Monica, California, for the claimants/appellants/cross-appellees.

John E. Lee, Ruth C. Pinkel, Assistant United States Attorneys, Los Angeles, California, for the plaintiff/appellee/cross-appellant.

Before: CANBY and THOMAS, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

James Hopkins ("Hopkins"), Gloria Lowndes, and Gary Lowndes (Hopkins' mother and step-father, "the Lowndeses") appeal a judgment forfeiting real property situated at 22249 Dolorosa Street, Woodland Hills, California, pursuant to 21 U.S.C. § 881(a)(6) (1994). We hold that a claimant in a civil forfeiture proceeding who withdraws his claim after an adverse probable cause determination retains standing to appeal, and that in relying...

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