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RICKERT v. SWEENEY

No. 86-1884.

813 F.2d 907 (1987)

Gary RICKERT, Garrick, Inc., Resort Development, Inc., and Resort Management, Inc., Appellants, v. Special Agents Thomas P. SWEENEY, William Thompson, William Scheitlin, R. Dieffendeffer, David Kretchmar, J.M. Klein, Glen Noeltner, Other Unknown Named Special Agents of the Criminal Investigation Div. of I.R.S., Dept. of the Treasury of the United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1987.

Attorney(s) appearing for the Case

David V. Capes, Clayton, Mo., for appellants.

James G. Martin, Asst. U.S. Atty., St. Louis, Mo., for appellees.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

BRIGHT, Senior Circuit Judge.

Gary Rickert, Garrick, Inc., Resort Management, Inc. and Resort Development, Inc. appeal from the district court's denial of their motion for return of seized property made pursuant to Fed.R.Crim.P. 41(e). They argue that the search warrant obtained by the IRS was overbroad and failed to state with particularity the items to be seized. For the reasons discussed below, we reverse and remand to the district court for further proceedings...

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