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U.S. v. $37,590.00

No. 88 Civ 0429 (CSH).

736 F.Supp. 1272 (1990)

UNITED STATES of America, Plaintiff, v. $37,590.00, Defendant In-Rem.

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

May 7, 1990.

Attorney(s) appearing for the Case

Peter J. Neufeld, New York City, and James H. Fosbinder, Tuscon, Ariz., for claimant Bennett Masel.

James L. Cott, Asst. U.S. Atty., New York City, for U.S.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

The United States of America has brought this action seeking the forfeiture of $37,590.00 seized from Bennett Masel on June 2, 1987. Masel, the claimant, now moves to dismiss the complaint.

Background

On or about June 2, 1987, two plain-clothed law enforcement officers, police officer Jeffrey McCormick and DEA agent James Mueller, were waiting to execute a search of the second...

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