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ELDER v. HOLLOWAY

Civ. No. 88-1329-HLR.

874 F.Supp. 278 (1995)

Charles K. ELDER and Beverly S. Elder, husband and wife, Plaintiffs, v. R.D. HOLLOWAY; Other Unknown Employees and/or Agents, individually and in their official capacity as police officers for the Ada County Sheriff's Office, et al., Defendants.

United States District Court, D. Idaho.

January 31, 1995.

Attorney(s) appearing for the Case

John C. Lynn, Lynn Scott Hackney & Sullivan, Boise, ID, for plaintiffs.

James J. Davis, Boise, ID, for defendants.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

RYAN, Senior District Judge.

I. PROCEDURAL BACKGROUND

On remand from the United States Supreme Court, the Ninth Circuit Court of Appeals entered an order remanding the above-entitled proceeding to this court. In so doing, the court of appeals directed this court to reconsider the qualified immunity issue herein in light of United States v. Al-Azzawy, 784 F.2d 890

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