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GUEST v. LEIS

Nos. 99-4115, 99-4176.

255 F.3d 325 (2001)

Steven GUEST; Denise B. Kelley; Nelda Sturgill; Deborah Cummings; Randy Bowling; Richard E. Kramer, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Simon L. LEIS, Jr.; Hamilton County Sheriff's Department; Hamilton County Regional Electronic Computer Intelligence Task Force; Dale Menkhaus; James Nerlinger; David L. Ausdenmoore, Defendants-Appellees. Michael O'Brien; Noah O'Brien; Anthony Blackmon; Randall Dodds; Darrell McAvoy; Brian Kaeppner, Plaintiffs-Appellants, v. Simon L. Leis, Jr.; Hamilton County Sheriff's Department; Hamilton County Regional Electronic Computer Intelligence Task Force; Dale Menkhaus; James Nerlinger; David L. Ausdenmoore, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2001.

Attorney(s) appearing for the Case

Scott T. Greenwood (argued and briefed), Greenwood & Associates, Cincinnati, OH, Peter D. Kennedy (argued and briefed), George & Donaldson, LLP, Austin, Texas, for Plaintiffs-Appellants.

John W. Hust (argued and briefed), Michael E. Maundrell (briefed), Lawrence Edward Barbiere (briefed), Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, Hugh Owen Frost, II (briefed), Cincinnati, Ohio, Donald E. Hardin (briefed), Hardin, Lefton, Lazarus & Marks, LLC, for Defendants-Appellees.

Before: KEITH, NORRIS, and DAUGHTREY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206.

OPINION

ALAN E. NORRIS, Circuit Judge.

In 1995, the Hamilton County, Ohio, Regional Electronic Computer Intelligence Task Force (RECI) was investigating on-line obscenity and seized two computer bulletin board systems. The first system seized was the Cincinnati Computer Connection Bulletin Board System (CCC BBS). Several users of the system filed a class action on behalf...

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