United States Eighth Circuit

Where the government asserts that claimants lack standing in a forfeiture proceeding because they have no ownership interest in the property, the district court must hold an evidentiary hearing rather than resolving factual disputes and witness credibility issues on the basis of a warring paper record consisting of conflicting affidavits and deposition transcripts.

Appellate Information

• Decided 12/18/2000
• Published 12/18/2000

Judges

• HANSEN, Circuit Judge., Before RICHARD SHEPPARD ARNOLD and HANSEN, Circuit Judges, and BATTEY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Deborah M. Bird, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Raymond M. Meyer, Assistant U.S. Attorney, St. Louis, MO, for appellee.