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KEE v. CITY OF ROWLETT

No. 99-10555.

247 F.3d 206 (2001)

Darlie Kee; Darin Routier, Plaintiffs-Appellants, v. City of Rowlett Texas; Jimmy Ray Patterson; Chris Frosch; Greg Davis, Assistant District Attorney for Dallas County, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 24, 2001.

Attorney(s) appearing for the Case

William Charles Bundren (argued), William Charles Bundren & Associates, Dallas, TX, for Plaintiffs-Appellants.

Edwin Armstrong Price Voss, Jr. (argued), Joe C. Tooley, Tooley & Voss, Dallas, TX, for City of Rowlett, Texas, Patterson and Frosch.

Peter L. Harlan (argued), Dallas, TX, for Davis.

Before KING, Chief Judge, and HIGGINBOTHAM and DUHÉ, Circuit Judges.

KING, Chief Judge:

Plaintiffs-Appellants Darlie Kee and Darin Routier appeal the district court's grant of summary judgment in favor of Defendants-Appellees the City of Rowlett, police officers Jimmy Ray Patterson and Chris Frosch, and Assistant District Attorney Greg Davis. The district court held that the placement of an electronic surveillance microphone at an outdoor grave site memorial service, which intercepted Kee and Routier's communications, did not violate...

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