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McSURELY v. McCLELLAN

No. 83-1444.

753 F.2d 88 (1985)

Alan McSURELY and Margaret McSurely v. John K. McCLELLAN, et al., Appellants, Thomas Ratliff, Individually and as sometime Commonwealth Attorney For Pike County Kentucky.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 1985.

Attorney(s) appearing for the Case

Marc Johnston, Atty. U.S. Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., U.S. Dept. of Justice, Joseph E. diGenova, U.S. Atty. and Barbara L. Herwig, Atty., U.S. Dept. of Justice, Washington, D.C., were on brief, for appellants.

Morton Stavis, Hoboken, N.J., with whom Randolph M. Scott-McLaughlin, Charles N. Mason, Jr., Washington, D.C., was on brief, for appellees, Alan and Margaret McSurely.

Philip A. Lacovara, Thomas D. Goldberg and John D. Echeverria, Washington, D.C., were on brief, for appellee, Thomas Ratliff.

Before MIKVA, GINSBURG and STARR, Circuit Judges.

Opinion for the Court PER CURIAM.

PER CURIAM:*

INTRODUCTION

On the evening of August 11, 1967, local law enforcement officials of Pike County, Kentucky, entered Alan and Margaret McSurely's home and seized a huge quantity of books, papers, and other personal effects. The officials arrested the McSurelys and charged them with violation of Kentucky's anti-sedition statute. Thus...

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