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IN RE FOUST

No. 01-60774.

310 F.3d 849 (2002)

In the Matter of: Bobby Ray FOUST and Cathy Foust, Debtors. Bobby Ray Foust; Cathy Foust; and Donald O. Simmons, Appellants, v. Dan C. McNeill; Lamar Thigpen; and Pearl River County, Appellees.

United States Court of Appeals, Fifth Circuit.

November 12, 2002.

Attorney(s) appearing for the Case

William S. Boyd, III (argued), William S. Boyd, III & Associates, Gulfport, MS, for Appellants.

William M. Rainey, Henry Tobias Coleman (argued), Franke, Rainey & Salloum, Gulfport, MS, for Appellees.

Before DAVIS, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The sheriff's office of Pearl River County, Mississippi, executed a writ of replevin by seizing Bobby and Cathy Foust's convenience store and permitting a creditor to repossess the inventory. The writ directed the officers to take only the fixtures, inventory, and equipment; state law required them to hold the personal property for two days following seizure. Disregarding both limits, the officers seized the premises and turned over...

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