Legal Opinion
United States v. Real Property Known and Numbered as 429 South Main Street, New Lexington, Ohio, William G. Swallow, Claimant-Appellant
Court of Appeals for the Sixth Circuit
Decided July 25, 1995No. 94-3048PublishedCited by 24 opinions
1Opinion of the CourtBoggs, J., joined by Siler, J.,
GUY, J. (pp. 1422-1424), delivered a separate opinion concurring in part and dissenting in part.
BOGGS, Circuit Judge.
William Swallow appeals the district court’s granting of the government’s motion for summary judgment on its civil asset forfeiture complaint pursuant to 21 U.S.C. § 881(a)(7). We affirm the district court’s decision to grant the government’s summary judgment motion as against challenges based on the Excessive Fines Clause of the Constitution and the lack of probable cause. However, we remand the case so the district court can determine whether Swallow should have received…
2Cases cited19 opinions
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- Fuentes v. ShevinSupreme Court of the United States · 1972
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Austin v. United StatesSupreme Court of the United States · 1993
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3Cited by24 opinions
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- United States v. Gary E. ChesneyCourt of Appeals for the Sixth Circuit · 1996
- United States v. Robert SuarezCourt of Appeals for the Sixth Circuit · 2001
- United States v. All Assets and Equipment of West Side Building Corp., Appeal of Clara Penny and West Side Building Corp., Claimants-AppellantsCourt of Appeals for the Seventh Circuit · 1995
- United States v. Antonio R. HenryCourt of Appeals for the Sixth Circuit · 2005
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