SMITH v. NIXON

No. 78-1526.

606 F.2d 1183 (1979)

Hedrick SMITH and Ann B. Smith, suing Individually and on Behalf of their Minor Children, Laurel Ann Smith, Jennifer Laurence Smith, and Sterling Scott Smith, Appellants, v. Richard M. NIXON et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1979.


Attorney(s) appearing for the Case

Leon Friedman, New York City, with whom Floyd Abrams, New York City, Gerald J. Brown, Washington, D.C., and James C. Goodale, New York City, were on brief, for appellants.

Lubomyr M. Jachnycky, Atty., Dept. of Justice, Washington, D.C., with whom Robert L. Keuch, Deputy Asst. Atty. Gen., and George W. Calhoun and Benjamin C. Flannagan, Attys., Dept. of Justice, Washington, D.C., were on brief, for appellees Richard M. Nixon et al.

John M. Kelleher, Washington, D.C., with whom Michael Boudin, Timothy A. Harr, and Douglass J. McCollum, Washington, D.C., were on brief, for appellee Chesapeake & Potomac Tel. Co.

Before WRIGHT, Chief Judge, ROBINSON, Circuit Judge, and GESELL, District Judge.


Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Chief Judge:

Appellants seek civil damages from 11 federal officials and the Chesapeake & Potomac Telephone Company (C&P) for violating their constitutional and statutory rights by wiretapping their home telephone for 89 days in 1969.1 Hedrick Smith, a reporter for the New York Times, and his...

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