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ELLSBERG v. MITCHELL

No. 84-5574.

807 F.2d 204 (1986)

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

United States Court of Appeals, District of Columbia Circuit.

Decided December 5, 1986.

Attorney(s) appearing for the Case

Lawrence Teeter, Los Angeles, Cal., for appellants.

Larry L. Gregg, Atty., U.S. Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty. and Barbara L. Herwig, Atty., U.S. Dept. of Justice, Washington, D.C., 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 is the last in a series of three cases we decide today relating to the qualified immunity defense in the national security context. See Halperin v. Kissinger ("Halperin II"), 807 F.2d 180 (D.C.Cir. 1986); Smith v. Nixon ("Smith II") 807 F.2d 197 (D.C.Cir.1986). As in the companion...

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