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U.S. v. REAL PROPERTY IN SECTION 9, TOWN 29 NORTH

No. 98-2261.

241 F.3d 796 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY IN SECTION 9, TOWN 29 NORTH, RANGE 1 WEST TOWNSHIP OF CHARLTON, OTSEGO COUNTY, MIGHIGAN, et al., Defendants, Daniel S. Gahagan, Michael J. Gahagan, Agnes Riddle-Gahagan, Claimants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 1, 2001.

Attorney(s) appearing for the Case

ARGUED: Daniel S. Gahagan, Law Office of Daniel S. Gahagan, Avon, Colorado, for Appellants.

Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellee.

ON BRIEF: Daniel S. Gahagan, Law Office of Daniel S. Gahagan, Avon, Colorado, for Appellants.

Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellee.

Before: MERRITT, JONES, and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

MERRITT, Circuit Judge.

This is an appeal from summary judgment for the government in a civil forfeiture action of real property under 21 U.S.C. § 881(a)(6) and (a)(7) relating to illegal drug activity. Because we find that intervening federal legislation, which raised the government's burden of proof to prove forfeiture of the property, may affect the outcome of this case and that the new legislation...

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