Legal Opinion

United States v. One 1982 Oldsmobile Cutlass VD 1GAM47A4CM453310

District Court, W.D. Oklahoma

Decided April 4, 1989No. CIV 87-2297-RPublishedCited by 1 opinion

1Opinion of the Court

ORDER

DAVID L. RUSSELL, District Judge.

Before the Court are cross motions for summary judgment in this in rem action for forfeiture brought pursuant to 21 U.S. C. § 881(a)(4). The parties have stipulated to all of the material facts. See Stipulation of Facts filed February 1, 1989. The motions raise only issues of law based on the undisputed facts stipulated by the parties.

Plaintiff asserts that Claimant has failed to carry its burden of establishing a defense to forfeiture and, moreover, that Claimant lacks standing to even contest the forfeiture action because Claimant had no possessory…

2Cases cited54 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Hudson v. PalmerSupreme Court of the United States · 1984
  3. Parratt v. TaylorSupreme Court of the United States · 1981
  4. Fuentes v. ShevinSupreme Court of the United States · 1972
  5. Boddie v. ConnecticutSupreme Court of the United States · 1971

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3Cited by1 opinion

  1. United States v. One 1982 Oldsmobile Cutlass VI 1GAM47A4CM453310District Court, W.D. Oklahoma · 1989

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