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U.S. v. ALL RIGHT, TITLE & INTEREST

No. 94 Civ. 4148(MP).

888 F.Supp. 580 (1995)

UNITED STATES of America, Plaintiff, v. ALL RIGHT, TITLE AND INTEREST IN REAL PROPERTY AND APPURTENANCES THERETO KNOWN AS 143-147 EAST 23RD STREET, NEW YORK, NEW YORK, LISTED AS BLOCK 879, LOT 27 WHICH INCLUDES THE KENMORE HOTEL, Defendant-in-rem.

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

June 12, 1995.

Attorney(s) appearing for the Case

Mary Jo White, U.S. Atty., for the S.D.N.Y. (Ellen Silverman Zimiles and Kenneth M. Karas, of counsel), New York City, for U.S.

Rochman, Platzer, Fallick, Rosmarin & Sternheim (Barry M. Fallick, of counsel), New York City, for claimant Jude Hotel Corp.

OPINION

MILTON POLLACK, Senior District Judge:

This is an in rem civil forfeiture action pursuant to 21 U.S.C. § 881(a)(7). The government has moved for summary judgment under Fed.R.Civ.P. 56. The claimant-owner's sole argument against the proposed forfeiture is that it would violate the Excessive Fines Clause of the Eighth Amendment.

The motion will be granted for the reasons stated below.

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