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WARD v. U.S. CUSTOMS SERVICE

No. 92-2237.

17 F.3d 317 (1994)

Steve WARD, individually and as father and next friend of Tara Ward and Casey Ward, and Dawn Appenzeller, individually and as mother and next friend of Adam Appenzeller, Plaintiffs-Appellees, v. UNITED STATES CUSTOMS SERVICE, Twelve Unknown Agents, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 28, 1994.

Attorney(s) appearing for the Case

Wendy M. Keats, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C. (Stuart M. Gerson, Assistant Attorney General, Stuart E. Schiffer, Acting Assistant Attorney General, Barbara L. Herwig, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., and Don J. Svet, United States Attorney, Albuquerque, New Mexico, with her on the briefs), for Defendants-Appellants.

Phil Blenden, of Blenden Law Firm, Carlsbad, New Mexico, for Plaintiffs-Appellees.

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

SETH, Circuit Judge.

This is an action for damages brought by two adults for themselves, and on behalf of their three minor children, against twelve unknown agents of the United States Customs Service. The Plaintiffs assert violations of their constitutional rights by the forcible entry of a house occupied by Plaintiffs.

The case is before us on an interlocutory appeal (28 U.S.C. § 1291) taken by the Defendants...

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