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HODGERS-DURGIN v. DE LA VINA

No. 97-16449.

199 F.3d 1037 (1999)

Panchita HODGERS-DURGIN, individually and on behalf of all others similarly situated; Antonio V. Lopez, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Gustavo DE LA VINA, in his official capacity; Ronald E. Sanders, in his official capacity; Stephen Norman, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 1999.

Attorney(s) appearing for the Case

Armand Salese, Salese and McCarthy, Tucson, Arizona, and William E. Morris, Arizona Justice Institute, Tucson, Arizona, for the plaintiffs-appellants.

Robert M. Bombaugh, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: HUG, Chief Judge, SNEED, REINHARDT, BRUNETTI, TROTT, RYMER, T.G. NELSON, KLEINFELD, THOMAS, SILVERMAN, and W. FLETCHER, Circuit Judges.

W. FLETCHER, Circuit Judge:

The question in this case is whether two individual plaintiffs may bring a class action for equitable relief against officials of the United States Border Patrol who supervise operations along the Mexican border in the state of Arizona. Plaintiffs, who each were stopped once by Border Patrol agents, contend that the stops violated the Fourth Amendment's prohibition against unreasonable seizures...

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