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U.S. v. REAL PROPERTY LOCATED AT 1184 DRYCREEK

Nos. 97-4158, 97-4160.

174 F.3d 720 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY LOCATED AT 1184 DRYCREEK ROAD, GRANVILLE, OHIO 43023, Defendant, Charles William O'Brien, Claimant-Appellant (97-4158), Winterhaven Trust; R.J. Adams, Trustee, Claimant-Appellant (97-4160).

United States Court of Appeals, Sixth Circuit.

Decided April 23, 1999.

Rehearing Denied June 17, 1999.

Attorney(s) appearing for the Case

Marcia J. Harris (argued and briefed), Office of the U.S. Attorney, Columbus, OH, for Plaintiff-Appellee in No. 97-4158.

James D. Owen (argued and briefed), Columbus, OH, for Defendant, Claimant-Appellant in No. 97-4158.

Marcia J. Harris (briefed), Office of the U.S. Attorney, Columbus, OH, for Plaintiff-Appellee in No. 97-4160.

James D. Owen (argued), Columbus, OH; Gina M. Dougherty (briefed), Columbus, OH, for Defendant, Claimant-Appellant in No. 97-4160.

Before: KENNEDY, DAUGHTREY, and CLAY, Circuit Judges.

KENNEDY, J., delivered the opinion of the court, in which CLAY, J., joined. DAUGHTREY, J. (pp. 732-733), delivered a separate opinion concurring in part and dissenting in part.

KENNEDY, Circuit Judge.

Claimants Charles W. O'Brien and Winterhaven Trust appeal the district court's decision to grant civil forfeiture under 18 U.S.C. § 981 of real property located at 1184 Drycreek Road, Granville, Ohio, 43023. In its complaint for civil forfeiture in rem,...

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