U.S. v. POLE NO. 3172, HOPKINTON

No. 87-1600.

852 F.2d 636 (1988)

UNITED STATES of America, Plaintiff, Appellee, v. POLE NO. 3172, HOPKINTON, etc., Defendant, Appellee. Appeal of Alice GAZDA, Ida Ambrosio and Charles Fogarty, Claimants.

United States Court of Appeals, First Circuit.

Decided July 29, 1988.


Attorney(s) appearing for the Case

John F. Cicilline, Providence, R.I., for claimants, appellants.

Michael P. Iannotti, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief for plaintiff, appellee U.S.

Before BOWNES, BREYER and TORRUELLA, Circuit Judges.


TORRUELLA, Circuit Judge.

In this case the defendant is a piece of real estate, while the real party in interest, Charles Fogarty, has disappeared, and his mother and aunt, who have been found by a jury to have no interest in the defendant, are prosecuting Fogarty's case in his absence. On May 30, 1986, the government filed a complaint against the named property, seeking to forfeit the same on the basis that it was purchased with the proceeds of drug trafficking....

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