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U.S. v. ALL FUNDS DIST, TO OR ON BEHALF, WEISS

Docket No. 01-6232.

345 F.3d 49 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. All Funds Distributed to, or On Behalf of, Edward Weiss and/or Rosemary Weiss from the B.R. Ambulance Service, Inc. Pension Plan and All Monies and Properties Traceable Thereto, Defendants, Edward Weiss, from the B.R. Ambulance Services, Inc. & Rosemary Weiss, from the B.R. Ambulance Services, Inc., Claimants-Appellees, Pryor & Mandelup, L.L.P., Jacqueline Acampora & Internal Revenue Service, Claimants.

United States Court of Appeals, Second Circuit.

Decided: September 17, 2003.

Attorney(s) appearing for the Case

CAROLYN LISA MILLER, Assistant U.S. Attorney for the Eastern District of New York, (ALAN VINEGRAD, U.S. Attorney for the Eastern District of New York, VARUNI NELSON, ARTHUR P. HUI, Assistant U.S. Attorneys for the Eastern District of New York, on the brief), Brooklyn, NY, for Appellant.

KENNETH J. RUBINSTEIN, Rubinstein & Rubinstein, New York, NY, for Appellees.

Before: WALKER, Chief Judge, NEWMAN and F.I. PARKER, Circuit Judges.

F.I. Parker, Circuit Judge*.

Plaintiff-appellant, the United States of America, appeals from the September 28, 2001 judgment of the United States District Court for the Eastern District of New York (Frederic Block, Judge), granting summary judgment in favor of claimants-appellees, Edward Weiss and Rosemary Weiss, in the government's forfeiture action against the proceeds of the claimants' pension plans. The district court held that...

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