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BARANSKI v. FIFTEEN UNKNOWN AGENTS

No. 03-5582/5614.

401 F.3d 419 (2005)

Keith B. BARANSKI, d/b/a Magua Industries and Pars International Corporation, Plaintiffs-Appellants, v. FIFTEEN UNKNOWN AGENTS OF THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, Brian Dixon, Michael R. Johnson, Douglas R. Dawson, Mark S. James, Karl L. Stankovic, William J. Hoover, Defendants, United States of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 14, 2005.

Attorney(s) appearing for the Case

ARGUED: Richard E. Gardiner, Fairfax, Virginia, Saeid Shafizadeh, Louisville, Kentucky, for Appellants. Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellee. ON BRIEF: Richard E. Gardiner, Fairfax, Virginia, Saeid Shafizadeh, Louisville, Kentucky, for Appellants. Terry M. Cushing, Candace G. Hill, John E. Kuhn, Jr., Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before: KEITH, CLAY, and COOK, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Plaintiffs Keith B. Baranski and Pars International Corporation ("Pars") appeal the March 14, 2003 order of the district court holding that Defendants Fifteen Unknown Agents of the Bureau of Alcohol, Tobacco and Firearms ("ATF") and six named ATF agents were entitled to qualified immunity because (1) Plaintiffs suffered no Fourth Amendment violation by virtue of the alleged lack of particularity in the search warrant that Defendants...

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