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U.S. v. $49,000 CURRENCY

No. 02-40263.

330 F.3d 371 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. $49,000 CURRENCY, Etc., Defendant, Dana W. White; Michael Jackson, Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 5, 2003.

Attorney(s) appearing for the Case

David Haskell Henderson, Jr., Asst. U.S. Atty. (argued), Beaumont, TX, for Plaintiff-Appellee.

Jack C. Leary (argued), Leary & Associates, Baton Rouge, LA, for Claimants-Appellants.

Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.

BENAVIDES, Circuit Judge:

This is an appeal from a default judgment. In the course of a traffic stop the Government seized $49,000 in currency and filed a complaint against it for forfeiture pursuant to 21 U.S.C. § 881(a)(6). Claimants-Appellants White and Jackson filed a 12(b)(6) motion to dismiss based on the theory that the Government failed to plead facts establishing probable cause with sufficient particularity so as to satisfy Rule E(2)(a)of the Supplemental...

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