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U.S. v. ONE PARCEL PROPERTY

Civ. A. No. 91-A-1302-N.

853 F.Supp. 1389 (1994)

UNITED STATES of America v. ONE PARCEL PROPERTY LOCATED AT 427 AND 429 HALL STREET, MONTGOMERY, MONTGOMERY COUNTY, ALABAMA, a/k/a G & G Grocery, with all Appurtenances and Improvements Thereon.

United States District Court, M.D. Alabama, Northern Division.

May 19, 1994.

Attorney(s) appearing for the Case

John T. Harmon, Charles Redding Pitt, U.S. Attorney's Office, Montgomery, AL, for U.S.

Jeffery C. Duffey, Charles M. Law, Montgomery, AL, for George Thomas Jenkins.

Scott J. Humphrey, Stewart, Davis & Humphrey, P.C., Birmingham, AL, for Fleet Finance, Inc.

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

I. INTRODUCTION

This cause is now before the court on the motion for a new trial, or in the alternative, motion to alter the judgment, filed by Claimant, George T. Jenkins ("Jenkins"), on February 4, 1994. Fed.R.Civ.P. 59(a) & (e). A hearing was held and oral arguments were heard on March 17, 1994.

Jenkins contends that the court erred in its analysis of his Eighth Amendment...

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