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LOWRIE v. U.S.

No. 84-1838.

824 F.2d 827 (1987)

Harold W. LOWRIE, et al., Plaintiffs-Appellees, v. UNITED STATES of America; Internal Revenue Service; and Federal Bureau of Investigation; Defendants-Appellants, State of Colorado, et al., Defendants.

United States Court of Appeals, Tenth Circuit.

July 28, 1987.

Attorney(s) appearing for the Case

David I. Pincus (Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Carleton D. Powell, Tax Div., Dept. of Justice, Washington, D.C., and Robert N. Miller, U.S. Atty., Denver, Colo., of counsel, with him on the brief), for U.S., F.B.I., and I.R.S., defendants-appellants.

Rick Budd, of Drexler & Wald, Denver, Colo. (Dennis W. Hartley, of Hartley, Obernesser, Vaglia, Bailey & Robinson, Colorado Springs, Colo., with him on the brief), for plaintiffs-appellees.

Before McKAY, BALDOCK and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Harold W. Lowrie, and others, brought suit in the United States District Court for the District of Colorado seeking return of business records seized by certain of the defendants in a search and seizure which, according to the plaintiffs, was unconstitutional. In their complaint, the plaintiffs also sought return of all copies made of the records thus seized, and a permanent injunction barring any use by the defendants of the records, or...

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