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SMITH v. NIXON

No. 84-5240.

807 F.2d 197 (1986)

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 December 5, 1986.

Attorney(s) appearing for the Case

Leon Friedman, with whom Ralph C. Ferrara, Washington, D.C., was on the brief, for appellants. Robert J. Geniesse, Washington, D.C., entered an appearance for appellants.

Larry L. Gregg, Atty., U.S. Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen., U.S. Dept. of Justice, Joseph E. diGenova, U.S. Atty., Barbara L. Herwig, Atty., U.S. Dept. of Justice, William D. Rogers and Bruce M. Chadwick, Washington, D.C., of counsel for appellee Kissinger were on the brief, for appellees.

Before ROBINSON and MIKVA, Circuit Judges, and SCALIA, Circuit Justice.

Opinion for the Court filed by Circuit Justice SCALIA.

SCALIA, Circuit Justice:

This suit for damages and equitable relief against several former and current federal officials arises out of an 89-day illegal wiretap of reporter Hedrick Smith's home telephone in 1969. The District Court granted summary judgment to the officials on qualified immunity grounds without resolving appellants' pending discovery requests....

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