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U.S v. ONE 1985 BLACK BUICK AUTO.

Misc. No. CR-88-163.

725 F.Supp. 148 (1989)

UNITED STATES of America, Plaintiff, v. ONE 1985 BLACK BUICK AUTOMOBILE, BEARING NEW YORK LICENSE NUMBER AHZ 732, Vehicle Identification Number 1G4BP69Y4FH800371, Defendant. UNITED STATES of America, Plaintiff, v. ONE 1985 GRAY AUDI 5000 AUTOMOBILE, BEARING NEW YORK LICENSE NUMBER 9965321, Defendant.

United States District Court, W.D. New York.

November 28, 1989.

Attorney(s) appearing for the Case

Dennis C. Vacco, U.S. Atty. (William J. Knapp, Asst. U.S. Atty., of counsel), Buffalo, N.Y., for plaintiff.

Robshaw, Abramowitz & Tobia, P.C. (Philip B. Abramowitz, of counsel), Buffalo, N.Y., for claimants James Giliforte and Jane Sztuk.

CURTIN, District Judge.

The claimants in these two seizure cases, James Giliforte and Jane Sztuk, have brought motions under Rule 41(e) of the Federal Rules of Criminal Procedure requesting that the court conduct an evidentiary hearing to determine whether the two vehicles at issue should be forfeited or be returned to them.

Seizure warrants for the vehicles were issued on October 27, 1988, and the vehicles were seized the following day. The vehicles were...

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