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MEREDITH v. ERATH

No. 02-55021.

342 F.3d 1057 (2003)

Lynne Meredith; Gayle Bybee; Jenifer Meredith; Bernadette Keller; Carla Figaro, The People of California, ex rel., Plaintiffs-Appellees, v. Andrew Erath, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2003.

Attorney(s) appearing for the Case

Gretchen M. Wolfinger, United States Department of Justice, Tax Division, Washington, D.C., for the defendant-appellant.

Gayle Bybee, Pro Per, Sunset Beach, California, for the plaintiffs-appellees.

Before: Thomas J. Meskill, David R. Thompson, and Marsha S. Berzon, Circuit Judges.

Argued and Submitted February 6, 2003 — Pasadena, California.

Opinion by Judge DAVID R. Thompson; Partial Concurrence and Partial Dissent by Judge Meskill.

OPINION

DAVID R. THOMPSON, Circuit Judge.

IRS Agent Andrew Erath had a warrant to search a three-story building for evidence of income tax violations. Gayle Bybee, who was not the target of the investigation, lived on the third floor. When she demanded loudly and repeatedly that...

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