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THUNDER ISLAND AMUSEMENTS, INC. v. EWALD

No. 5:07-CV-01329 (NPM/GJD).

650 F.Supp.2d 195 (2009)

THUNDER ISLAND AMUSEMENTS, INC.; Harold L. Perau and Tammie L. Perau, Plaintiffs, v. Kelly L. EWALD, Special Agent IRS; UCA No. 1; UCA No. 2; Thomas Rubel, Special Agent; Christopher Vickers, Special Agent; Douglas Miller, Special Agent; Ronald Kidder, Computer Investigative Specialist; Frank Perez, Special Agent; Thomas Fattorusso, Special Agent; Jason Leshinksky, Special Agent; Nicholas Finocchio, Special Agent; and Michael Kinahan, Special Agent, Defendants.

United States District Court, N.D. New York.

June 29, 2009.

Attorney(s) appearing for the Case

Hoffmann, Hubert & Hoffmann, LLP, Terrence J. Hoffmann, of Counsel, Syracuse, NY, for Plaintiffs.

Hon. Andrew T. Baxter, United States Attorney for the Northern District of New York, Paula Ryan Conan, Assistant United States Attorney, Syracuse, NY, for Defendants.

MEMORANDUM, DECISION AND ORDER

NEAL P. McCURN, Senior District Judge.

I. Introduction

Presently before the court in this action brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), is a motion by defendants for summary judgment pursuant to Federal Rule of Civil Procedure 56 seeking judgment in their favor as...

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