Legal Opinion

United States v. Real Property: 835 Seventh Street Rensselaer

District Court, N.D. New York

Decided August 30, 1993No. 91-CV-999PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM-DECISION and ORDER

McAVOY, Chief Judge.

On April 24,1993 this court issued a Memorandum-Decision and Order addressing claimant’s Eighth Amendment defense to the instant forfeiture. See United States v. Real Property: 835 Seventh Street Rensselaer, 820 F.Supp. 688 (N.D.N.Y.1993). Therein, the court treated claimant’s defense as a cross-motion for summary judgment and, applying the test enunciated in United States v. Certain Real Property and Premises Known as 38 Whalers Cove Drive, 954 F.2d 29 (2d Cir.1992), cert. denied sub nom., Levin v. United States, — U.S. -, -, 113 S.Ct. 55, 61,…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Austin v. United StatesSupreme Court of the United States · 1993
  4. Western World Insurance Company v. Stack Oil, Inc.Court of Appeals for the Second Circuit · 1990
  5. Delaware & Hudson Railway Company v. Consolidated Rail CorporationCourt of Appeals for the Second Circuit · 1990

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3Cited by8 opinions

  1. United States v. All Assets of G.P.S. Automotive Corp.Court of Appeals for the Second Circuit · 1995
  2. United States v. Premises Known as RR 1, Box 224, Dalton, Scott Township & North Abington Township, Lackawanna County, PACourt of Appeals for the Third Circuit · 1994
  3. United States v. One Parcel Property Located at 427 & 429 Hall StreetDistrict Court, M.D. Alabama · 1994
  4. United States v. Real Property Located at 24124 Lemay StreetDistrict Court, C.D. California · 1994
  5. United States v. All Right, Title & Interest in Real Property & Appurtenances Thereto Known as 143-147 East 23rd StreetDistrict Court, S.D. New York · 1995

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