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IN RE FORFEITURE OF 12-GAUGE SHOTGUN

Docket Nos. 148816, 148817.

204 Mich. App. 133 (1994)

514 N.W.2d 468

In re FORFEITURE OF 12-GAUGE SHOTGUN In re FORFEITURE OF 1975 DODGE SPORTSMAN VAN

Michigan Court of Appeals.

Decided March 8, 1994, at 9:15 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Daniel L. Sutton, Prosecuting Attorney, and Robert L. Britton, Assistant Prosecuting Attorney, for the people.

Hess & Hess, P.C. (by Scott L. Hess), for the claimants.

Before: JANSEN, P.J., and FITZGERALD and P.J. CONLIN, JJ.

PER CURIAM.

In these consolidated appeals, claimants appeal as of right from the circuit court's order of forfeiture pursuant to MCL 333.7521(f); MSA 14.15(7521)(f). We reverse.

Claimant Richard Myers delivered a controlled substance to a police informant. His property was seized pursuant to a search warrant of his residence. A petition for forfeiture was subsequently filed by the prosecution. In response, claimants filed a notice of claim and deposited $250...

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