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UNITED STATES v. $4,480,466.16 IN FUNDS SEIZED

No. 18-10801.

942 F.3d 655 (2019)

UNITED STATES of America, Plaintiff-Appellee v. $4,480,466.16 IN FUNDS SEIZED FROM BANK OF AMERICA ACCOUNT ENDING IN 2653 Defendant, Retail Ready Career Center Incorporated, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 5, 2019.

Attorney(s) appearing for the Case

Beverly Kristyne Chapman , Northern District of Texas, Dallas, United States District Court, Dallas, TX, Leigha Amy Simonton , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Jack Ternan , Ternan Law Firm, P.L.L.C., Plano, TX, for Claimant-Appellant.

Before ELROD, WILLETT, and DUNCAN, Circuit Judges.

The petition for panel rehearing is DENIED. We withdraw the previous opinion issued August 22, 2019, 936 F.3d 233, and substitute the following:

We address whether a claimant in a civil forfeiture proceeding may counterclaim for constitutional tort damages against the United States. The district court held...

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