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STATE OF MICHIGAN v. MEESE

No. 87-1719.

853 F.2d 395 (1988)

The STATE OF MICHIGAN, Plaintiff-Appellant, v. Edwin MEESE, Attorney General for the United States, Defendant-Appellee, and Steve Asmar & Metro Institutional Food Services, Inc., Intervening Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

July 6, 1988.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., State of Mich., Timothy A. Baughman, Chief of Criminal Div. Research, Training and Appeals, Detroit, Mich., for plaintiff-appellant.

Lori Fields, Dept. of Justice, Civil Div., Washington, D.C., Patricia Blake, Asst. U.S. Atty., Detroit, Mich., for defendant-appellee.

Lawrence Stockler, Southfield, Mich., for intervening defendant-appellee.

Before JONES and RYAN, Circuit Judges, and GIBSON, District Judge.

PER CURIAM.

The State of Michigan brought this declaratory judgment action asking the district court to find that 18 U.S.C. § 2515, which excludes from evidence, in all state criminal and civil trials, conversations which were recorded in violation of the federal wiretapping statutes, is beyond the scope of Congress' Commerce Clause power and therefore violative of the tenth amendment. The district court dismissed plaintiff's action. 666 F.Supp...

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