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BENSON v. HIGHTOWER

No. 78-3223.

633 F.2d 869 (1980)

David R. BENSON et al., Plaintiffs-Appellants, v. Raymond C. HIGHTOWER et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1980.

Rehearing Denied January 28, 1981.

Attorney(s) appearing for the Case

Cassandra L. Marshall, Malcolm L. Edwards, Edwards, Wetherall & Barbieri, Seattle, Wash., for plaintiffs-appellants.

Charles Pinnell, Asst. U. S. Atty., Seattle, Wash., for defendants-appellants.

Before TRASK and KENNEDY, Circuit Judges, and TASHIMA, District Judge.

TASHIMA, District Judge.

This is a Bivens type1 constitutional tort damage action against a number of U.S. Customs agents for alleged violation of plaintiffs' Fourth Amendment rights. A search warrant was issued by a United States Magistrate on the affidavit of one of the defendant-agents, declaring, in essence, that he had reasonable cause to believe that plaintiffs were smuggling South African Krugerrand gold pieces into the United...

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