No. 93-35144.

14 F.3d 449 (1994)

Jerry L. BRANCH, Valenna Branch, Colby Branch, Plaintiffs-Appellants, v. Dale L. TUNNELL, Individually and as Special Agent of Bureau of Land Management, State of Montana, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 12, 1994.

Attorney(s) appearing for the Case

Robert J. Waller, Waller & Womack, P.C. and Gary G. Broeder, Veeder & Broeder, P.C., Billings, MT, for plaintiffs-appellants.

Richard A. Olderman, Frank W. Hunger, Asst. Atty. Gen., Lorraine I. Gallinger, U.S. Atty., and Barbara L. Herwig, Atty., Civ. Div., Dept. of Justice, Washington, DC, for defendant-appellee.

Before: LAY, THOMPSON, and RYMER, Circuit Judges.

RYMER, Circuit Judge:

Three years ago, we reversed the district court's holding that the Bivens1 complaint filed by plaintiffs Jerry L. Branch and his daughters Valenna and Colby Branch (collectively, Branch) could survive a motion to dismiss premised on the defense of qualified immunity. Branch v. Tunnell, 937 F.2d 1382 (9th Cir.1991) (Branch I). Branch alleged that defendant Dale...

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