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DeMASSA v. NUNEZ

Nos. 83-6271, 83-6363, 83-6470.

747 F.2d 1283 (1984)

Philip A. DeMASSA, Robert Kent Lahodny, Robert Marceron, and Marie D. Carlile and Sonny Barger, Plaintiffs/Appellants/Cross-Appellees, v. Peter NUNEZ, Stephen W. Peterson, Ronald Dulisse, John Rafenstein, James Conklin, Carl Oroz, Lawrence McKinney, Norman Catalano, Paul Duvall, David McGregor, and Diogenes K. Galanos, Defendants/Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 20, 1984.

Attorney(s) appearing for the Case

Barry Tarlow, Los Angeles, Cal., for plaintiffs/appellants/cross-appellees.

Roger W. Haines, Asst. U.S. Atty., San Diego, Cal., for defendants/appellees/cross-appellants.

Before ANDERSON, TANG and FERGUSON, Circuit Judges.

TANG, Circuit Judge:

Attorney Philip DeMassa and other plaintiffs appeal the district court's denial of injunctive relief claiming that the district court erred by failing to order the return of all documents and property seized in a raid on DeMassa's office pursuant to an investigation of DeMassa's alleged ties to a drug smuggling operation. The government cross-appeals, arguing that the district court erroneously invalidated parts of the search warrant as overbroad...

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