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IN RE MATTHEWS

Nos. 04-1113, 04-1249.

395 F.3d 477 (2005)

In Re: Robert V. MATTHEWS, Petitioner. United States of America, Plaintiff-Appellee, and State of North Carolina, Claimant-Appellee, v. Robert V. Matthews Claimant-Appellant, and North Carolina's Original Copy of the Bill of Rights, Defendant, Wayne Pratt, Incorporated, Claimant.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2005.

Attorney(s) appearing for the Case

ARGUED: Michael Atwater Stratton, Stratton Faxon, New Haven, Connecticut, for Robert V. Matthews. Frank DeArmon Whitney, United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for the United States. William Dale Talbert, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for the State of North Carolina. ON BRIEF: Joel T. Faxon, Stratton Faxon, New Haven, Connecticut, for Robert V. Matthews. Roy Cooper, North Carolina Attorney General, Grayson G. Kelley, Chief Deputy Attorney General, Karen A. Blum, Assistant Attorney General, Raleigh, North Carolina; Paul M. Newby, Assistant United States Attorney, Raleigh, North Carolina, for Appellees.

Before WILKINS, Chief Judge, WILLIAMS, Circuit Judge, and Glen E. CONRAD, United States District Judge for the Western District of Virginia, sitting by designation.

Vacated and remanded with instructions by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Judge CONRAD joined.

OPINION

WILLIAM W. WILKINS, Chief Judge:

Robert V. Matthews appeals a district court decision that the State of North Carolina ("the State") is the legal owner of a historic document seized by federal agents in connection with an in rem forfeiture action that the United States voluntarily dismissed...

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