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NATIONAL COMMODITY AND BARTER ASS'N v. ARCHER

No. 92-1031.

31 F.3d 1521 (1994)

NATIONAL COMMODITY AND BARTER ASSOCIATION, National Commodity Exchange, Plaintiffs-Appellants, v. Glenn L. ARCHER, Larry D. Bergsgaard, Joseph A. Brousseau, Frank Contos, Jr., Lester Furr, Patrick Henry, Charles Holden, Paulette G. Johnson, John E. Keller, Gerald W. Leland, Donald Lewis, Albert J. Monica, Keith Mueller, C.D. Switzer, Ronald Urbanski, Darryl Watkins, Nathan Woodard, Charles Young, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 4, 1994.

Attorney(s) appearing for the Case

William A. Cohan of Cohan & Greene, Encinitas, CA (Jennifer A. Greene of Cohan & Greene, with him on the brief), for plaintiffs-appellants.

Robert W. Metzler, Atty., Tax Div., Dept. of Justice, Washington, DC (Michael J. Norton, U.S. Atty., James A. Bruton, Acting Asst. Atty. Gen., and Jonathan S. Cohen, Atty., Tax Div., Dept. of Justice, Washington, DC, with him on the brief), for defendants-appellees.

Before SEYMOUR, Chief Judge, HOLLOWAY and LOGAN, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiffs-appellants National Commodity & Barter Association and the National Commodity Exchange (collectively referred to generally as the NCBA) appeal a decision of the district court dismissing the instant action. 790 F.Supp. 233 (D.Colo.1991). The NCBA asserts First and Fourth Amendment Bivens claims,1 inter alia, against several Internal Revenue Service...

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