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WYLER v. UNITED STATES

No. 204, Docket 83-6131.

725 F.2d 156 (1983)

Robert WYLER and Shawn Diane Becker, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of Justice; United States Drug Enforcement Administration; Federal Bureau of Investigation; William Oakes; John R. Schuller; James Harris; Al Henley; Dwight Rabb; Christopher Mattiace; Oakland Park City Police Department; Peter Williams; William Schuchter; Robert Butterworth, individually and as Sheriff of Broward County, Florida; Pan American Van Lines & Storage Company; John Doe(s); James Doe(s); Century Moving and Storage Company; and Edward J. Stalk, individually and as Sheriff of Broward County, Florida, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 22, 1983.

Attorney(s) appearing for the Case

Bruce G. Cassidy, Philadelphia, Pa. (Desaretz & Cassidy, Philadelphia, Pa., Ian J. Gura, New York City, of counsel), for plaintiffs-appellants.

Gerald T. Ford, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., for the Southern District of New York, Thomas D. Warren, Asst. U.S. Atty., New York City, of counsel), for Federal defendants-appellees.

Andrew L. Hughes, New York City (Townley & Updike, New York City, of counsel), for certain Florida defendants-appellees.

Before MANSFIELD, KEARSE and PRATT, Circuit Judges.

MANSFIELD, Circuit Judge:

In this action for damages based on entries by Drug Enforcement Administration (DEA) agents and others into plaintiffs' apartment in New York and leased property in Florida, and search of their belongings in a California warehouse, all allegedly in violation of the Fourth Amendment, various federal civil rights statutes, the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, and common law, plaintiffs appeal from an order of...

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