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U.S. v. REAL PROPERTY AT 1215 KELLY ROAD

No. C93-1036M.

860 F.Supp. 764 (1994)

UNITED STATES of America, Plaintiff, v. REAL PROPERTY LOCATED AT 1215 KELLY ROAD, BELLINGHAM WASHINGTON, and its buildings, appurtenances, attachments, improvements, and easements, Defendant.

United States District Court, W.D. Washington, at Seattle.

July 25, 1994.

Attorney(s) appearing for the Case

Scott Ray, U.S. Atty., U.S. Dept. of Justice, Seattle, WA, for plaintiff.

Tario & Associates, Michael J. Tario, Bellingham, WA, for claimant.

ORDER

McGOVERN, District Judge.

THIS MATTER comes before the Court by motion of the United States for summary judgment in its civil forfeiture action against the property located at 1215 Kelly Road, Bellingham, Washington. The claimants have contested the action on the grounds that (1) the evidence establishing probable cause for forfeiture was obtained through a search that violated the Fourth Amendment, (2) the forfeiture would amount to punishment in...

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