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U.S. v. PROPERTY KNOWN AS 890 NOYAC RD., NOYAC, NY

No. CV 89-0461.

739 F.Supp. 111 (1990)

UNITED STATES of America, Plaintiff, v. CERTAIN REAL PROPERTY AND PREMISES KNOWN AS 890 NOYAC ROAD, NOYAC, NEW YORK, Defendant.

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

June 19, 1990.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty. and Charles Kleinberg, Asst. U.S. Atty., Brooklyn, N.Y., for plaintiff; Roseanne Harvey, Sp. Asst. U.S. Atty., of counsel.

Richard B. Lind, New York City, for claimant Counihan.

John C. Bivona, Huntington, N.Y., for claimant Ljundquist.

WEXLER, District Judge.

Plaintiff United States of America ("plaintiff"), commenced the above-referenced civil forfeiture action pursuant to the Comprehensive Crime Control Act of 1984, 21 U.S.C. § 881(a)(7) ("§ 881") against defendant-in-rem. Currently before the Court is plaintiff's motion for specific jury instructions regarding the "innocent owner" defense. Claimant of defendant property, Josephine A. Counihan ("claimant"), opposes plaintiff's motion...

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