McSURELY v. McCLELLAN

No. 73-1991.

553 F.2d 1277 (1976)

Alan McSURELY and Margaret McSurely v. John J. McCLELLAN et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1976.


Attorney(s) appearing for the Case

Irwin Goldbloom, Atty., Dept. of Justice, Washington, D.C., with whom Carla A. Hills, Asst. Atty. Gen., Washington, D.C. at the time the reply brief was filed, Irving Jaffe, Acting Asst. Atty. Gen., Washington, D.C. at the time the opening brief was filed, Robert E. Kopp, David J. Anderson and Raymond D. Battocchi, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellants. Morton Hollander and Judith S. Feigin, Attys., Dept. of Justice, Washington, D.C., also entered appearances for appellants.

Morton Stavis, Newark, N.J., with whom Nancy Stearns, New York City, and Charles N. Mason, Jr., Washington, D.C., were on the brief for appellees.

Before BAZELON, Chief Judge, DANAHER, Senior Circuit Judge, WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting en banc.


Argued en banc April 19, 1976.

PER CURIAM:

In August 1967, Kentucky officials, executing warrants issued under a state sedition statute, arrested plaintiffs (appellees) and seized books and papers from their home. Plaintiffs obtained a federal court ruling on September 14, 1967, declaring the state statute unconstitutional, enjoining prosecution, and ordering that the seized materials in the custody of the state prosecutor continue to be held by him in safe...

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