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SMITH v. WUNKER

No. 8081.

356 F.Supp. 44 (1972)

Rufus Lee SMITH, Plaintiff, v. Howard R. WUNKER, Defendant.

United States District Court, S. D. Ohio, W. D.

April 13, 1972.

Attorney(s) appearing for the Case

Harvey B. Woods, Cincinnati, Ohio, for plaintiff.

Richard C. Curry, Cincinnati, Ohio, for defendant.

OPINION AND ORDER

PORTER, District Judge.

In this case there is a motion to dismiss submitted for decision. This requires a determination of whether a party to a phone conversation may record it and disclose it without violating 18 U.S. C. § 2510 et seq. (wire interception and interception of oral communications).

The defendant's motion to dismiss was filed pursuant to Rule 12(b) F.R.Civ.P. on the grounds that the complaint failed to state a...

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