United States v. $84,740.00 U.S. Currency, Appeal of Doris Potter, Administrator of Estate of Edwin Potter, Deceased
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
MUECKE, Senior District Judge:
This is an appeal from the district court’s denial of motion to set aside default judgment under Fed.R.Civ.P. 60(b)(5) and (6). The district court ruled that it lacked jurisdiction to set aside a default judgment because the government had transferred the money to the United States Treasury.
I.BACKGROUND
The government indicted Edwin Potter for a violation of the Drug Abuse Control Act, 21 U.S.C. § 801 et seq. (1982). When the government arrested him, it also seized $84,740 in cash.
On November 3, 1983, the government filed a civil action seeking the…
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