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JOHNSON v. OUTBOARD MARINE CORP.

No. 98-1304.

172 F.3d 531 (1999)

Lawrence D. JOHNSON and Marvin Rumery, Appellants, v. OUTBOARD MARINE CORPORATION; Kirk Brumbaugh; Mark Quandahl; David L. Pekarek; Terry Wagner; William Jarrett; Margaret A. McDevitt; Cosmopolitan Service Corp., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 24, 1999.

Attorney(s) appearing for the Case

Melody A. Kramer, Lincoln, NE, argued, for Appellants.

Douglas D. Cyr, Lincoln, NE, argued (Gary E. Lacey, Lancaster County Attorney, on the brief), for Appellees.

Before: BEAM, MAGILL, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

BEAM, Circuit Judge.

Armed with a valid writ of execution directing him to levy on personal property of a debtor corporation at the residence address of the corporation's secretary, a deputy sheriff seized a boat and trailer parked in the driveway. It was later determined that the boat and trailer were not property of the corporation, and thus not subject to levy, and they were released to the owners. The owners filed this...

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