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U.S. v. REAL PROPERTY

No. 91-CV-999.

832 F.Supp. 43 (1993)

UNITED STATES of America, Plaintiff, v. REAL PROPERTY: 835 SEVENTH STREET RENSSELAER, RENSSELAER COUNTY, NEW YORK, Defendant.

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

August 30, 1993.

Attorney(s) appearing for the Case

Gary L. Sharpe, U.S. Atty., N.D. New York, Albany, NY, for plaintiff; William C. Pericak, Asst. U.S. Atty., of counsel.

Richard Habiniak, pro se.

Hollie E. Bethmann, Albany, NY, for claimant Habiniak.

MEMORANDUM-DECISION and ORDER

McAVOY, Chief Judge.

On April 24, 1993 this court issued a Memorandum-Decision and Order addressing claimant's Eighth Amendment defense to the instant forfeiture. See United States v. Real Property: 835 Seventh Street Rensselaer, 820 F.Supp. 688 (N.D.N.Y.1993). Therein, the court treated claimant's defense as a cross-motion for summary judgment and, applying the test enunciated in...

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