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CHASTAIN v. SUNDQUIST

No. 86-5386.

833 F.2d 311 (1987)

Wayne CHASTAIN, Appellant, v. Don SUNDQUIST.

United States Court of Appeals, District of Columbia Circuit.

Decided November 6, 1987.

Attorney(s) appearing for the Case

Bernard Fensterwald III, Arlington, Va., for appellant.

Steven R. Ross, General Counsel to the Clerk, U.S. House of Representatives, with whom Charles Tiefer, Deputy General Counsel to the Clerk and Janina Jaruzelski, Asst. Counsel to Clerk, U.S. House of Representatives, Washington, D.C., were on the brief, for appellee.

Before MIKVA, BUCKLEY and WILLIAMS, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by Circuit Judge MIKVA.

BUCKLEY, Circuit Judge:

A member of Congress acting within the scope of his authority claims official immunity from a common law defamation suit. This claim of privilege has never been approved by the Supreme Court or recognized in this or any other circuit. We reaffirm the common law rule and settled constitutional design that elected representatives...

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