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NATIONAL COMMODITY AND BARTER ASS'N v. GIBBS

No. 88-1470.

886 F.2d 1240 (1989)

NATIONAL COMMODITY AND BARTER ASSOCIATION, NATIONAL COMMODITY EXCHANGE; Members & Subscribers of the National Commodity & Barter Association/National Commodity Exchange; John Voss; Mitchell Beals, individually and as representative of the National Commodity & Barter Association/National Commodity Exchange; John S. Pleasant, Plaintiffs-Appellants, v. Lawrence B. GIBBS, Individually and as Commissioner of the Internal Revenue Service; et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 25, 1989.

Attorney(s) appearing for the Case

William A. Cohan (Jennifer A. Greene, Cohan & Greene, Denver, Colo. and John S. Pleasant, pro se, with him on the brief), of Cohan & Greene, Denver, Colo., for plaintiffs-appellants.

Ann Belanger Durney, Atty. (William S. Rose, Jr., Asst. Atty. Gen., Gary R. Allen, Regina S. Moriarty, Attys., Tax Div., Dept. of Justice, Washington, D.C. and Michael J. Norton, U.S. Atty., Denver, Colo., of counsel, with her on the brief), Tax Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before LOGAN, BRORBY and EBEL, Circuit Judges.

PER CURIAM.

The National Commodity and Barter Association, the National Commodity Exchange, and certain individual members of these organizations (collectively referred to as the NCBA) instituted this action in federal court, naming several federal agencies and numerous federal employees as defendants. The NCBA alleged direct violations of its first, fourth, and fifth amendment rights pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics...

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