No. 82-1085.

709 F.2d 51 (1983)

Daniel ELLSBERG, et al., Appellants v. John N. MITCHELL, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1983.

As Amended June 7, 1983.

Attorney(s) appearing for the Case

Gordon J. Johnson, New York City, and Lawrence Teeter, Los Angeles, Cal., with whom Leonard B. Boudin, New York City, was on the brief, for appellants.

R. Joseph Sher, Atty., Dept. of Justice, Washington, D.C., with whom Stanley S. Harris, U.S. Atty., and Barbara L. Herwig, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees.

Before MacKINNON and EDWARDS, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Separate opinion, concurring in part and dissenting in part, filed by Circuit Judge MacKINNON.

HARRY T. EDWARDS, Circuit Judge:

At issue in this appeal is the validity of the District Court's treatment of one aspect of a constitutional tort action, in which the plaintiffs seek compensation for injuries sustained through their exposure to warrantless electronic surveillance. Two questions...

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