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· 8/29/1995

Terry L. Madewell v. Mike Downs, Anthony P. Grootens, and John Prine

Citations

  • 68 F.3d 1030
  • 1995 U.S. App. LEXIS 24302
  • 1995 WL 507393

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that notice in USA Today satisfied requirement that publication notice be made in a newspaper of general circulation
  • finding notice adequate to satisfy due process concerns where written notice was sent to last known address, agents received return receipt, and proper publication notice was effected
  • finding nonmovant had notice that Rule 12(b)(6) motion would be converted to Rule 56 motion when he offered materials outside the pleadings in response to a 12(b)(6) motion
  • “any constitutional infirmity in the transfer of the seized property does not taint the adoption of the seizure by the federal agency”
  • there is no reason to delay entry of judgment for similarly situated parties
  • adequate notice where plaintiff historically used different \home\ addresses, and DEA sent forfeiture notice to address plaintiff gave at time of arrest and property seizure, because any confusion about plaintiff's actual residence was result of his own conduct

Source: CourtListener parenthetical corpus (CC0).

Judges: McMillian, Fagg, Bennett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.