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MATTER OF $70,269.91 IN U.S. CURRENCY

No. 1 CA-CV 91-165.

172 Ariz. 15 (1991)

833 P.2d 32

In the Matter of $70,269.91 IN U.S. CURRENCY, and One 1985 Ford Van, Utah License #6701BR, VIN 1FDDE14H5FHC11452. STATE of Arizona, Appellant, v. Robert Victor BENSON and Gary C. Benson, Claimants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

Reconsideration Denied June 1, 1992.

Attorney(s) appearing for the Case

John Verkamp, Coconino Co. Atty. by Richard S. Vihel, Deputy Co. Atty., Flagstaff, for appellant.

Lee Edmond, Flagstaff, for claimants-appellees.

Grant Woods, Atty. Gen. by Cameron H. Holmes, Asst. Atty. Gen., Phoenix, for amicus curiae.

OPINION

McGREGOR, Judge.

The State of Arizona appeals from the trial court's dismissal of its civil in rem forfeiture action. This appeal, which comes to us in a unique procedural posture, raises three issues. The first is whether the state's release of the res to the claimants, in violation of the trial court's order staying release, deprived this court of jurisdiction. We hold it did not. The second is whether the trial court's order dismissing...

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