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PLEASANT v. LOVELL

No. 87-1384.

876 F.2d 787 (1989)

John S. PLEASANT, et al., Plaintiffs-Appellants, v. Larry LOVELL, Larry Hyatt, Vernon Pixley, Kenneth Batson and Tim Fortune, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

As Amended June 6, 1989.

Attorney(s) appearing for the Case

William A. Cohan (Carl E. Stahl, with him on the brief), Cohan & Stahl, P.C., Denver, Colo. (John S. Pleasant, pro se, with him on the brief), for plaintiffs-appellants.

Elaine F. Ferris, Atty., Tax Div., Dept. of Justice, Washington D.C. (Roger M. Olsen, Asst. Atty. Gen., Michael L. Paup, and Jonathan S. Cohen, Attys., Tax Div., Dept. of Justice, Washington, D.C., with her on the brief and Robert N. Miller, U.S. Atty., Denver, Colo., of counsel), for defendants-appellees.

Before McKAY, McWILLIAMS and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

I.

Plaintiffs-appellants, 145 members of an organization known as the National Commodity and Barter Association (NCBA), sought in this case to recover damages from defendants-appellees, five agents of the Criminal Investigation Division of the Internal Revenue Service (IRS), for alleged infringement of the members' constitutional rights. The NCBA is an organization advocating organized opposition to the federal income tax laws. Defendants...

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