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U.S. v. $2,542 IN U.S. CURRENCY

Civ. A. No. 90-119.

754 F.Supp. 378 (1990)

UNITED STATES of America, Plaintiff, v. $2,542 IN U.S. CURRENCY, Defendant.

United States District Court, D. Vermont.

December 18, 1990.

Attorney(s) appearing for the Case

James J. Gelber, Asst. U.S. Atty., Burlington, Vt., for plaintiff.

Henry Hinton, David Williams, Office of the Defender General of Vt., Montpelier, Vt., for claimant Daniel D'Amico.

OPINION AND ORDER

PARKER, District Judge.

This case presents the question whether this Court has jurisdiction to hear the Government's complaint for civil forfeiture of a person's property when, at the time it was seized by federal officials, the property was the subject of a Rule 41(e) motion for return of property in state court. We conclude that jurisdiction is lacking and accordingly dismiss the complaint.

BACKGROUND

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