Legal Opinion

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

Decided April 16, 1990No. 86-6233PublishedCited by 21 opinions

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…

2Cases cited17 opinions

  1. United States v. Banco Cafetero Panama, Banco Cafetero Colon, Defendants-In-Rem-AppellantsCourt of Appeals for the Second Circuit · 1986
  2. United States v. $38,000.00 in United States Currency, David English and Michael William English, Claimants-AppellantsCourt of Appeals for the Eleventh Circuit · 1987
  3. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  4. United States v. Beechcraft Queen Airplane Serial Number Ld-24Court of Appeals for the Eighth Circuit · 1986
  5. Star Motor Imports, Inc. v. Superior CourtCalifornia Court of Appeal · 1979

12 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. United States of America (Drug Enforcement Agency) v. In Re One 1987 Jeep Wrangler Automobile Vin 2bccl8132hbs12835, Izaak Draper, Claimant-AppellantCourt of Appeals for the Second Circuit · 1992
  2. United States v. 51 Pieces Of Real Property, Roswell, New MexicoCourt of Appeals for the Tenth Circuit · 1994
  3. Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
  4. United States v. $80,760.00 in U.S. CurrencyDistrict Court, N.D. Texas · 1991
  5. United States v. 51 Pieces of Real PropertyCourt of Appeals for the Tenth Circuit · 1994

16 more not listed; retrieve them via the Exa API.

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