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DAVIS v. GRACEY

No. 95-6245.

111 F.3d 1472 (1997)

Anthony A. DAVIS, individually and doing business as Mid-America Digital Publishing Company, doing business as Oklahoma Information Exchange; Gayla Davis, and John Burton, individuals; TSI Telecommunication Specialists, Inc., an Oklahoma corporation, Plaintiffs-Appellants, v. Anthony GRACEY, Mark Wenthold, and Gregory Taylor, Officers in their official capacities as Oklahoma City Police Officers and as individuals, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 21, 1997.

Attorney(s) appearing for the Case

Micheal Salem, Salem Law Offices, Norman, OK (William R. Holmes, Norman, OK, with him on the brief), for Plaintiffs-Appellants.

Stacey L. Haws Felkner, Oklahoma City, OK (Robert E. Manchester and Susan A. Knight, with her on the brief), of Manchester & Pignato, Oklahoma City, OK, for Defendants-Appellees.

Before SEYMOUR, Chief Judge, BARRETT and LIVELY, Senior Circuit Judges.

SEYMOUR, Chief Judge.

Anthony Davis operated a large computer bulletin board system in Oklahoma City. After Mr. Davis sold obscene CD-ROMs to an undercover officer, a warrant was obtained to search his business premises. During the execution of the warrant, police officers determined pornographic CD-ROM files could be accessed through the bulletin board and seized the computer equipment used to operate it. Following his criminal conviction and civil forfeiture of...

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