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DOWNIE v. CITY OF MIDDLEBURG HEIGHTS

No. 01-3051.

301 F.3d 688 (2002)

Mickey DOWNIE; David Wheat, Plaintiffs-Appellants, v. CITY OF MIDDLEBURG HEIGHTS, et al., Defendants, Richard P. Siegel; Thomas Schneider, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2002.

Attorney(s) appearing for the Case

Avery S. Friedman (briefed), Kenneth D. Myers (argued and briefed), Friedman & Associates, Cleveland, OH, for Plaintiffs-Appellants.

Mark B. Stern (briefed), Dana J. Martin (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Section, Washingon, DC, for Defendants-Appellees.

Before: SILER and MOORE, Circuit Judges; STAFFORD, District Judge.

MOORE, J., delivered the opinion of the court, in which SILER, J., joined. STAFFORD, D.J. (pp. 699-702), delivered a separate concurring opinion.

OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant Mickey Downie ("Downie") appeals two orders of the district court dismissing his Bivens action against Defendants-Appellees Richard P. Siegel ("Siegel"), an agent of the United States Customs Service, and Thomas Schneider ("Schneider"), an agent of...

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