ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART CLAIMANT'S MOTION FOR SUMMARY JUDGMENT
BARTLETT, District Judge.
I. Background
On August 15, 1989, the United States brought this action for forfeiture in rem pursuant to 21 U.S.C. § 881(a)(6) which provides, in part, that:
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