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KINOY v. MITCHELL

Nos. 857, 859 and 860, Docket 87-6047, 87-6119 and 87-6137.

851 F.2d 591 (1988)

Joanne and Arthur KINOY, Plaintiffs-Appellees, v. John M. MITCHELL, individually and as former Attorney General of the United States; Elliot G. Richardson, as Attorney General of the United States; Clyde A. Tolson, as executor of the Estate of J. Edgar Hoover; Clarence Kelley, as Director of the Federal Bureau of Investigation; Whitney North Seymour, individually and as former United States Attorney for the Southern District of New York; John H. Doyle, individually and as former Assistant United States Attorney; "John Doe," individually and as an agent of the Federal Bureau of Investigation; "Richard Roe," individually and as an agent of the Federal Bureau of Investigation; and the United States of America, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 1, 1988.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., for the S.D.N.Y. (Randy M. Mastro, Steven E. Obus, of counsel), for defendants-appellants.

Henry F. Furst, Upper Montclair, N.J. (Jeremiah Gutman, Michael Ratner, New York City, of counsel), for plaintiffs-appellees.

Before PRATT and MINER, Circuit Judges, and JOHN M. WALKER, District Judge.

WALKER, District Judge:

Defendants-appellants John M. Mitchell, Clyde A. Tolson, Whitney North Seymour, John Doe and Richard Roe appeal from the February 4, 1987 order of the United States District Court, Southern District of New York, Ward, J., denying their motion for summary judgment against plaintiff Arthur Kinoy, an attorney. Kinoy seeks money damages for himself for the government's warrantless interceptions of his conversations with clients.

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