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FORSYTH v. KLEINDIENST

Nos. 83-1812, 83-3150.

729 F.2d 267 (1984)

Keith FORSYTH v. Richard G. KLEINDIENST, individually and as Attorney General of the United States, L. Patrick Gray, 3rd, individually and as Acting Director, Federal Bureau of Investigation, John N. Mitchell, individually and as former Attorney General of the United States, John Doe and Richard Roe, Albert Cooper and David Porter. Appeal of John N. MITCHELL, Albert Cooper, and David Porter. Keith FORSYTH, Plaintiff-Respondent, Hon. Raymond J. Broderick, United States District Judge, Nominal Respondent, v. Richard G. KLEINDIENST, et al., Defendants, John N. Mitchell, Defendant-Petitioner.

United States Court of Appeals, Third Circuit.

Decided March 8, 1984.

Rehearing Denied April 3, 1984.

Attorney(s) appearing for the Case

Peter F. Vaira, Jr., U.S. Atty., Newark, N.J., J. Paul McGrath, Asst. Atty. Gen., John J. Farley, III, Barbara L. Herwig, Gordon W. Daiger, Larry L. Gregg (argued), Civil Division, Dept. of Justice, Washington, D.C., for appellant-petitioner.

David Rudovsky (argued), Kairys, Rudovsky & Maguigan, Philadelphia, Pa., for appellee-respondent.

Before WEIS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case involves former Attorney General John N. Mitchell's second interlocutory appeal from a denial of both absolute and qualified immunity for his authorization of unconstitutional FBI electronic surveillances of Keith Forsyth's telephone conversations with William Davidon. Forsyth v. Kleindienst, 599 F.2d 1203 (3d Cir.1979)

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