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LEHIGH PORTLAND CEMENT COMPANY v. SWOPE

No. 71-2203.

455 F.2d 638 (1972)

LEHIGH PORTLAND CEMENT COMPANY, Plaintiff-Appellant, v. William E. SWOPE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 23, 1972.

Attorney(s) appearing for the Case

William B. Killian, Miami, Fla., Kirkland, Ellis, Hodson, Chaffetz, Masters & Rowe, Washington, D. C., Edward W. Hyland, Allentown, Pa., James H. Wallace, Jr., Warwick R. Furr, II, Washington, D. C., for plaintiff-appellant.

John C. Fricano, Antitrust Div., George Edelstein, John Mitchell, Atty. Gen., Howard E. Shapiro, U. S. Dept. of Justice, Washington, D. C., for defendants-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

On February 5, 1971, Lehigh Portland Cement Company, the appellant, filed in the District Court a civil complaint against certain attorneys of the Antitrust Division of the United States Department of Justice charging that these attorneys had illegally obtained evidence for use against Lehigh and had otherwise violated its constitutional rights. Lehigh prayed that the use of such evidence in any criminal proceeding he enjoined. This case was assigned to...

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