John J. Titello, Individually and D/b/a Titello &associates; Evans Venture Partnership; Internationalentertainment Consultants, Inc.; Unique Talent, Inc.;palace, Inc., D/b/a P.t.'s Showclub; and Hal Lowrie, D/b/alowrie Enterprises, Plaintiffs-appellants, v. United States of America; Internal Revenue Service;federal Bureau of Investigation, Defendants-appellees, 946 F.2d 901 (10th Cir. 1991)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

On appeal the appellants argue that the district court improperly dismissed appellants' Rule 41(e) complaint for the return of business records seized pursuant to a search warrant. Fed. R. Crim. P. 41(e). Appellants contend that the district court has jurisdiction over the complaint, and that this court has jurisdiction to determine the legality of the search warrant. Appellants also argue that if the district court lacked jurisdiction over the complaint, the district court had no jurisdiction to dismiss the complaint on the merits by granting summary judgment or alternatively a motion to dismiss.

After reviewing appellants' petition and the record, we agree with the district court's conclusion that it lacked jurisdiction over the complaint. We note that because the district court lacked jurisdiction over the complaint, the district court also lacked jurisdiction to dismiss the complaint on the merits.

AFFIRMED in part, REVERSED in part. The mandate shall issue forthwith.