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SMITH v. WHITEHEAD

No. 79-526.

436 A.2d 339 (1981)

Michael K. SMITH and Stephen E. Granville, Appellants, v. Noble A. WHITEHEAD and Jo Ann Haltiwanger, Appellees.

District of Columbia Court of Appeals.

Decided September 10, 1981.

Rehearing En Banc Granted and Opinion Vacated January 5, 1982.

Attorney(s) appearing for the Case

Edward E. Schwab, Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Corp. Counsel, and Richard W. Barton, Deputy Corp. Counsel, Washington, D. C., at the time the briefs were filed, were on the briefs, for appellants.

Chris Marder, Rockville, Md., with whom John G. Gill, Rockville, Md., was on the brief, for appellees.

Before NEWMAN, Chief Judge, and KELLY and HARRIS, Associate Judges.

NEWMAN, Chief Judge:

Appellants are police officers who, while engaged with other officers in a valid search of appellees' apartment for evidence of narcotics possession and dispensation, also participated in the seizure of several items of consumer goods from the apartment. The property was turned over to the District Property Clerk, who refused to return it to appellees. This action for conversion against the appellant...

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