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EMERY v. HOLMES

No. 86-1486.

824 F.2d 143 (1987)

Richard EMERY, Plaintiff, Appellee, v. Peter Bradford HOLMES, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 29, 1987.

Attorney(s) appearing for the Case

Timothy M. Burke, Boston, Mass., for defendants, appellants.

Harold Resnic, Springfield, Mass., with whom Susan B. Persky, Brookline, Mass., was on brief, for plaintiff, appellee.

Before BOWNES, Circuit Judge, BROWN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

JOHN R. BROWN, Senior Circuit Judge.

Richard Emery filed this action under 42 U.S.C. § 1983 against several police officers for damages resulting from their seizure of his Peugeot automobile during a search of his neighbor's property. The police officers who executed an arrest warrant for Emery's neighbor and obtained a search warrant for the neighbor's property recognized Emery's car as the same car identified in a search warrant for its previous owner's property...

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