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NIXON v. FITZGERALD

No. 79-1738.

457 U.S. 731 (1982)

NIXON v. FITZGERALD

Supreme Court of United States.

Decided June 24, 1982.

Attorney(s) appearing for the Case

Herbert J. Miller, Jr., argued the cause for petitioner. With him on the briefs was R. Stan Mortenson.

John E. Nolan, Jr., argued the cause for respondent. With him on the brief were Samuel T. Perkins and Arthur B. Spitzer.*

Briefs of amici curiae were filed by Solicitor General Lee for the United States; by Roger J. Marzulla and William H. Mellor III for the Mountain States Legal Foundation; by John C. Armor and H. Richard Mayberry for the National Taxpayers Legal Fund, Inc.; and by Thomas J. Madden for Senator Orrin G. Hatch et al.

JUSTICE POWELL delivered the opinion of the Court.

The plaintiff in this lawsuit seeks relief in civil damages from a former President of the United States. The claim rests on actions allegedly taken in the former President's official capacity during his tenure in office. The issue before us is the scope of the immunity possessed by the President of the United States.

I

In January 1970 the respondent A. Ernest Fitzgerald lost his job as a management...

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